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PC 2004/06/28CITY OF ANAHEIM PLANNING COMMISSION AGENDA MONDAY, JUNE 28, 2004 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAMES VANDERBILT-LINARES COMMISSIONERS: GAIL EASTMAN, PAUL BOSTWICK; DAVID ROMERO, JERRYO'GONNELL, CECILIA FLORES; KELLY BUFFA CALL TO ORDER PLANNING COMMISSION MORNING SESSION 11:00 A.M. RECESS TO • STAFF UPDATE-TO COMMISSION ON VARIOUS CITY , DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW_FOR ITEMS ON THE JUNE28, 2004 AGENDA ^""° ING SESSION RECONVENE For record k complete a PLEDGE OF PUBLIC RNOON PUBLIC HEAR UBLIC HEARING 1:30 P.M. g purposes, if you wish to make a statement regarding any item on fhe agenda, please er card and sdhmit it to the secretary. 31ANCE fS CONSENT CALENDAR '' PUBLIC HEARING ITEMS ADJOURNMENT 06-28-04 Page 1 RECONVENE TO PUBLIC HEARING AT '1:30 P.M. PUBLIC COMMENTS: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. CONSENT CALENDAR: Items 1-A through 1-C on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. 1. REPORTS AND RECOMMENDATIONS A. (a) (b) B. (a) (b) Joe Richter, John Laing Homes, 895 Dove Street, Suite 110, Newport Beach, CA 92660, requests review and approval of final building elevation plans, colors and materials. Properties are located at 501- 541 South Anaheim Boulevard and 100-142 West Santa Ana Street (The Boulevard). Continued from the June 14, 2004, Planning Commission Meeting. John Howenstine, 3190 Airport Loop Drive, Suite B, Costa Mesa, CA 92626 and Michael McCormick, McCormick Construction Co. 2507 Empire Avenue, Burbank, CA 91504, request review and approval of final sign plans for apreviously-approved vocational school. Property is located at 1501-1551 South Douglass Road. Receiving and approving the Minutes from the Planning Commission Meeting of June 14, 2004. (Motion) Project Planner: Charity Wagner (cwao ner(a)anaheim.net) sr1152cw.doc Q. S. 84 Project Planner: Amy Vazquez (a v a zc u ez to7 a n a h e i m. n et ) sr8744av.doc Q. S. 127 06-28-04 Page 2 PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 2b. CONDITIONAL USE PERMIT NO. 2001-04399 (TRACKING N0. CUP2004.04850) OWNER: Walter Shook, 3743 North Greenbrier Road, Long Beach, CA 90808 AGENT: Mark Lally, 731 Monroe Way, Placentia, CA 92870 LOCATION: 2920 East La Jolla Street. Property is approximately 1.12 acres, having a frontage of 155 on the south side of La Jolla Street, located 194 feet west of the centerline of Red Gum Street. Request to amend apreviously-approved conditional use permit for an existing auto body and towing facility with vehicle impound to allow an Project Planner: accessory automobile sales auction. Scott Koehm (skoehm(o~anaheim.ne[) Continued from the June 2 and June 14, 2004, Planning Commission Meetings. sr8736gk.doc CONDITIONAL USE PERMIT RESOLUTION NO. Q.S. 131 3a. CEQA NEGATIVE DECLARATION 3b. CONDITIONAL USE PERMIT NO. 2004-04859 OWNER: Andrew W. Edwards, 6352 East Nohl Ranch Road, Anaheim, CA 92807 AGENT: Claudia Cockrum, 18071 Fitch Avenue #200, Irvine, CA 92614 LOCATION: 6352 East Nohl Ranch Road. Property is approximately 14.7 acres, having a frontage of 469 feet on the southwest side of Nohl Ranch Road, located 1920 feet southeast of the centerline of Canyon Rim Road (Anaheim Saddle Club). Project Planner: John Ramirez Request to construct a freestandin telecommunications antenna facilit (jpramirez(v7anaheim.net) y g (faux pine design) and accessory ground-mounted equipment. CONDITIONAL USE PERMIT RESOLUTION NO. sr5099jr.doc Q.S. 199 p6-28-04 Page 3 4a. CEQA NEGATIVE DECLARATION 4b. CONDITIONAL USE PERMIT NO. 2004-04858 OWNER: John Mcponnell, MP Property Partners, 1601 N. Sepulveda Boulevard, Unif664, Manhattan Beach, CA 90266 AGENT: Edgar Ruiz, 211 South Beach Boulevard, #1, Anaheim, CA 92804 LOCATION: 520 North Brookhurst Street. Property is approximately 1.55 acres, having a frontage of 268 feet on the east side of Brookhurst Street, located 200 feet south of the cenierline of Crescent Avenue. Request to permit a church within an existing office building with waiver of minimum number of required parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. 5a. CEQA NEGATIVE DECLARATION 5b. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT NO. 2004-04881 OWNER: 230 West Colchester, CALP, c/o Chris DiRiggiero, P.O. Box 304, Hermosa Beach, CA 90254 AGENT: Joseph Curd, Curd, Gallindo and Smith, LLP, 301 East Ocean Boulevard., #460, Long Beach, CA 90802 LOCATION; 2230 West Colchester Drive. Property is approximately 0.87-acre, located at the southeast corner of Colchester Drive and Colony Street. Request to permit and retain two existing churches, a narcotics anonymous meeting hall, and to establish land use conformity with the City's zoning code requirements for an existing non-conforming commercial retail center with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: Scott Koehm (skoehmfc~anaheim.net) sr8745gk.doc Q.S. 34 Project Planner: John Ramirez (ioramirez(~anaheim.net) sr5100jr.doc Q.S. 34 06-26-04 Page 4 6a. CEQA NEGATIVE DECLARATION 6b. CONDITIONAL USE PERMIT NO. 2004-04852 OWNER: Cedar Mountain, LLC, 110'East Walnut Avenue, Fullerton, CA 92835 AGENT: Leon Alexander, Briggs and Alexander, 558 South Harbor Boulevard, Anaheim, CA 92805 LOCATION: 2916 West Lincoln Avenue. Property is approximately 0.7-acre, having a frontage of 89 feet on the south side of Lincoln Avenue, located 315 east of the centerline of Laxore Street (EI Color Restaurant). Request to permit a public dance hall. CONDITIONAL USE PERMIT RESOLUTION NO. Request for continuance to July 12, 2004 Project Planner: Amy Vazquez (avazguez(a~anaheim.net) sr8740av:doc Q.S. 13 ADJOURN TO MONDAY, JULY 12, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. 06-28-04 Page 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at 3~ o~ ~,. w.. ~,,,._~ z H, -L g o y (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~o-'""~-'~ "~{~ If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances shall be considered final unless, within 22 days after Planning Commission action and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall be made in written form to the City Clerk, accompanied by an .appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact tfie Planning Department, (714) 765-5139. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765.5139. 06-28-04 Page 6 SCFIEDULE 2004 JULY 12 JULY 26 AUGUST 9 AUGUST 23 SEPTEMBER 8 (WED) SEPTEMBER 20 OCTOBER 4 OCTOBER 18 NOVEMBER1 NOVEMBER 15 NOVEMBER 29 DECEMBER 13 DECEMBER 27 06-28.04 Page 7 ITEM NO. 1-A ~ OV c~ 9q.12 aP~y ~y ~®~ ® gs- ~ A l SB-B 0 S,~R~~-t / RGV 5~~9 N zy ~+ vEMC~E UpU00. ECM y 9m / STORAGE SLOPE ML ` N m ® _.. c~ 1Np. FIRM i JPR 4251 O~ -~ 6B'4g pT1pN D-F4PM 1\ N ~S-cREE~ 11 SPNj P PNF c~ LNP ~S p?S ,, 5MP Zppp,ppp; ~a 1 ~V Variance No. 2003-D4558 TRACKING NO. VAR2004-04610 REQUEST FOR REVIEW AND APPROVAL OF FINAL ELEVATION PLANS, COLORS ANO MATERIALS. WPj~S~ ~_ x Subject Property Date: June 14, 2004 Scale: 1" ~ 200' Requested By: JOE RICHTER Q.S. No. 84 0 501-541 South Anaheim Boulevard and 100-142 West Santa Ana Street -Trucking Site tsssizooa-5-si~ G Zpooeopoza KRas oveNaY Zonal 5AB~1Np.F1RM ITEM N0. 1-B CL RCL 90-91-75 RCL 82-63-25 RCL 62-83-24 VAR 4076 VAR 3262 RANCHO OEL RIO (HORSES) -- ---- NUE 1 a AD GERRtTOS p~E RCL 99 00-15 (Res. of I9L to SE) RCL ]4-]5-21 (3) RCL )4-]5-20 ML {j SMALL IND. FIRMS RCL 99-W-15 U1 (Res N InL b SE) ~ RCL ]645.21 (3) ~ RCL ]475-20 N SMALL INC, FIRMS Q ML J RCL 99-00-15 U ( l ) Z RCL ]d ]621(3) ~ RCL ]4]620 IND. FIRM 9B RCL W-15 ( ) RCL ]4]621 (3 RCL 74•]5.20 Cuvasn ML RCL 99x10-15 (Res, al Inl. b SE) RCL ]44621 (3) RCL 76-]540 INC. FIRM VAR 3397 ML RCL 99.90.15 (Ras. al lnl. b SEI RCL ]d-7621 (3) RCL ]4-75-20 INC. FIRM RCL 99-00-15 (Ras. of I9L m SE) RCL 74-7521 (3) RCL 7475-20 SMALL IND. / FIRMS 1 ML RCL 99-00-15 (Res. of Int. b SE) RCL ]4-]5-21 (3) RCL ]4]520 SMALL I IND. ~~ ~~ ~~ C7 2 ~~ Q Conditional Use Permit No. 2003-04686 TRACKING NO. CUP2004-04865 Requested By: JOHN HOWENSTIN MICHAEL McCORMICK ML RCL 99.00.75 4) RCL 62-63-1 CUP 2003-04666 CUP 2001-04324 T-VAR 2002-04576 CUP 3700 VAR 2000-04417 PSP 2003-00003 SC W 2003-00023 O Q O 3 0 gC18940-02 1 Subject Property ~~ ~~ Date: June 28, 2004 Scale: Graphic Q:S- No. 127 REQUEST FOR REVIEW AND APPROVAL OF FINAL SIGN PLANS FOR APREVIOUSLY-APPROVED VOCATIONAL SCHOOL. 1501-1551 South Douglass Road D 1388 CL yy-UU-1 S (3) RCL 98-99-0 RCL 94-95-06 RCL 82-83-19 RCL 69-70-43 _ RCL 69-70.42 -------~ CUP 4034 _______ VACANT ATTACfIP1ENT -ITEM N0. 1-& RESOLUTION NO. PC2003-72 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04686 BE GRANTED WHEREAS., the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: LOT 4 AND THE EAST 46 FEET OF LOT 5 OF THE TRAVIS TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 120 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING FROM SAID LOT 4 THAT PORTION, LYING EASTERLY OF THE CENTERLINE OF THE 40 FOOT COUNTY ROAD SECOND DESCRIBED IN THE DEED FROM B.R. DOUGLASS AND OTHERS TO THE COUNTY OF ORANGE, RECORDED OCTOBER 7, 1926 IN BOOK 682, PAGE 109 OF DEEDS. ALSO EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION BY THE STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 2, 1964 IN BOOK 7285, PAGE 833 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION BY THE COUNTY OF ORANGE, CA, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 30, 1965 IN BOOK 7648, PAGE 943 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN AMENDED FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 178586[Y], A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 5, 1972 IN BOOK 10069, PAGE 290 OF SAID OFFICIAL RECORDS. PARCEL 2: BEGINNING AT A POINT IN THE SOUTH LINE OF LOT Y OF THE VAN DE GRAAF TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 440'OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT BEING 1443.6 FEET EAST OF THE POINT WHERE THE SOUTH LINE OF SAID LOTY PRODUCED WEST, INTERSECTS THE WEST BOUNDARY OF THE RANCHO SANTIAGO DE SANTA ANA; THENCE NORTH 1012.35 FEET TO THE SOUTH LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY; THENCE NORTHEASTERLY ALONG THE SOUTH LINE OF SAID RIGHT OF WAY 455.9 FEET; THENCE SOUTH 11904.25 FEET TO THE SOUTH LINE OF LOT Y; THENCE WEST 447.0 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF THAT CERTAIN PROPERTY DESCRIBED 'IN DEED RECORDED JUNE 20, 1928 IN BOOK 169, PAGE 417 OF OFFICIAL RECORDS, WHICH SAID POINT OF BEGINNING IS DISTANT SOUTH, MEASURED ALONG THE SAID EAST LINE 81 FEET FROM THE CENTER OF THE SOUTHERN PACIFIC RAILROAD AND RUNNING THENCE SAID POINT OF BEGINNING SOUTH ALONG SAID EAST LINE 25 FEET; THENCE AT RIGHT ANGLES EAST 20 FEET; THENCE AT RIGHT ANGLES NORTH 25 FEET; THENCE AT RIGHT ANGLES WEST 20 FEET TO THE POINT OF BEGINNING. Cr\PC2003-072 -1- PC2003-72 ALSO EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION BY THE STATE OF CALIFORNIA, AS CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 2, 1964 IN 800K 7285, PAGE 833 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN AMENDED FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 178586, A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 5, 1972 IN BOOK 10069, PAGE 290 OF SAID OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 5, 2003 at 1:30 p.m., nokice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the May 19, 2003 Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.50.090.120 and 18.50:090.130 to permit a vocational school in a new office building with accessory commercial event parking and with waiver of the following: (a) Sections 18:06.050.020.021.0212 18.06.050.020.023.0232 18. D 6. D 50.020.026.0263 18.06.080 and 18.50.160 (b) Section 18.50.130.020.0207 Minimum number of parking spaces. (739 spaces required; 630 spaces proposed and concurred with by the Traffic and Transportation Manager) - Minimum landscape setback abutting a freeway. 25 feet, fully landscaped, required; 3 feet, landscaped, proposed along the SR S7(Orange} Freeway) 2. That this property is curcently zoned ML (Limited Industrial); that a Resolution of Intent has been approved to reclassify the property to the (SE) (Sports Entertainment Overlay) Zone in connection with Reclassification No. 99-00-15; that the property is located in the Arrowhead Pond District of the Sports Entertainment Overlay; and that prior to issuance of a building permit for development of the proposed building, a zoning ordinance will be adopted in connection with Reclassification No. 99-00- 15 to reclassify the property to the ML(SE) (Limited Industrial -Sports Entertainment Overlay) Zone. 3. That waiver (a), minimum number of parking spaces, is hereby approved based on the conclusions contained in the submitted parking study described in paragraph (26) of the Staff Report to the Planning Commission dated May 19, 2003, and which study was approved by the City Traffic and Transportation .Manager. 4. That the parking waiver, under the conditions imposed, will not cause fewer pff-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of the use. 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the publicstreets in the immediate vicinity of the proposed use. -2- PC2003-72 6. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. 7. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 6. That the parking waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 9. That waiver (b), minimum landscaped setback abutting a freeway, is hereby approved based on the special circumstance applicable to the property consisting of its irregular shape, which does not apply to other identically zoned properties in the vicinity; and that the slope in the existing CalTrans right-of-way provides landscaping plus a substantial grade difference between the SR 57 (Orange) Freeway and the subject property. 10. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because the property to the south across Katella Avenue between the freeway and Douglass Road, which is developed with a hotel., was granted a similar setback waiver in connection with the proposed development of that hotel. 11. That the proposed vocational school and event parking will not adversely affect the adjoining land uses and the growth and development of the area in which said uses will be located based on adherence to the required traffic management plan. 12. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 13 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 14. That granting this Conditional Use Permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 15. That no one indicated their presence at said public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a vocational school in a new office building with accessory commercial event parking at 1501-1551 South Douglass Road with waivers of minimum number of parking spaces and minimum landscape setback abutting a freeway; and does hereby determine that the previously-cert~ed Environmental Impact Report No. 321 is adequate to serve as the required environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit. -3- PC2003-72 2. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be " '"' developed and maintained in conformance with said plans. 3. That an on-site trash truck turn around area shall be provided in accordance with Engineering Standard Detail No. 610 and shall be shown on the plans submitted for building permits, as required by the Department of Public W orks, Streets and Sanitation Division. 4. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 5. That the developer shall comply with Ordinance No. 5209 and Resolution No. 91 R-89 relating to the Transportation Demand .Management ("TDM") by providing on-site taxi and shuttle bus loading zones, and by joining and financially participating in the ATN and Clean Fuel Shuttle Program, and by installing bicycle racks. Said formation shall be specifically shown on the plans submitted for building permits. 6. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with Engineering Standard No. 137 pertaining to sight distance visibility for sign, wall and/or fence locations. 7. That the property owner or petitioner shall be responsible for paying the full cost associated with the use of any Police Department and/or Traffic Management Center staff who may be needed for traffic control purposes. 8. That the developer shall pay for the redesign and reconstruction of the traffic signal at the project's most northerly driveway to provide for a full access intersection. Plans showing the redesign of the traffic signal shall be submitted to the Traffic and Transportation Manager for review and approval. Reconstruction shall be completed prior to the final occupancy of the building. 9. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing closure of the existing most southerly driveway (which is located about twenty fve (25) feet from the south property line). Said driveway shall be reconstructed with full curb and gutter. 10. That the vocational school shall issue parking permits to all Westwood College students and staff; .and that the students shall use the signalized intersection at the most northerly driveway during events at the Anowhead Pond of Anaheim (the "Pond"). 11. That accessory commercial event parking shall be directed to the center driveway which is located directly opposite the driveway on the east side of Douglass Road between the Arrowhead Pond of Anaheim and the Trammell Crow Arena Corporate Center. Event staffing and barricades for the Pond's parking shall coordinated with the Police Department and provided in a mannerwhich minimizes the possibility of entering traffic backing up to Douglass Road. 12. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division in either underground vaults or behind the street setback area in a manner fully screened from all public streets and freeways. 13. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. -4- PC2003-72 14. That trash storage area{s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be - readily identifiable from adjacent streets or freeways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 16. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for public utility purposes to be determined as electrical design is completed. 17. That all air-conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view from the SR-57 (Orange) Freeway, surrounding streets and the Arrowhead Pond of Anaheim.. Such information shall be specifically shown on the plans submitted for building permits. 18. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 19. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased andlor dies. 20. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Said plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate Ciry departments. 21. That four (4) foot high street address numbers shall be displayed on the building roof in a contrasting color to the roof material. The numbers shall not be visible to any street, freeway or adjacent property. Said information shall be specifically shown on the plans submitted for building permits. 22: That the grading play submitted by the developer shall include provisions for tree well construction and installation of parkway trees and additional landscaping and irrigation in accordance with the Circulation Element and the Stadium Area Master Land Use Plan, as approved by the Parks Division and the City Engineer. The improvements shall be completed prior to final building and zoning inspections. 23. That a lot line adjustment shall be submitted to the Public Works Department, Development Services Division, to merge the existing parcels into one (1) legal lot. The lot line adjustment shall be approved by the City Engineer and recorded in the office of the Orange County Recorder. 24. That the petitioner shall submit a letter to the Zoning Division requesting termination of the following zoning entitlements: Conditional Use Permit No. 3700 (to establish and construct a parking area adjacent to an indoor sports and entertainment facility with waiver of required landscaping), Variance No. 2000-04417 (to waive minimum landscaped setback abutting a freeway to construct one 2-story and one 4-story office building), and Conditional Use Permit No. 2001-04324 (to permit a commercial parking lot in conjunction with a proposed office complex). -5- PC2003-72 25. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 11, and as conditioned herein. "'"° 26. That the petitipner shall be responsible for compliance with all mitigation measures included in Mitigation Monitoring Plan No. 005 (on file with the Planning Department) as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code within the assigned time frames .and any direct cost associated with their implementation. 27. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 5, 6, 8, 9, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 31 and 32, herein-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18..03.090 of the Anaheim Municipal Code. 28. That prior to final building and zoning inspections, Condition Nos. 8, 12 and 25, herein mentioned, shall be complied with. 29. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 30. That any trees removed to construct new driveways for the property shall be replaced in an alternate location to the satisfaction of the City Engineer. 31. That approval of this Conditional Use Permit is subject to adoption and finalization of an ordinance rezoning the property to the (SE) "Sports Entertainment Overlay" Zone. 32. That final sign plans for the new office building shaft be submitted to the Zoning Division for review and approval by the Planning Commission as a'Reports and Recommendations' item. 33. That, as stipulated by the petitioner in the letter of operation dated March 20, 2003, the maximum enrollment shall be six hundred (600) students and the hours of operation shall be limited to the following: Monday through Thursday: 7 a.m. to 11 p.m. Friday: 7 a.m. to 5 p.m. Saturday: 8 a.m. to 5 p.m. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that unless conditions to the contrary are expressly imposed upon granting of the parking waiver by the Planning Commission or City Council, the granting of said waiver shall be deemed contingent upon operation of the approved use in conformance with the assumptions relating to the operation and intensity of the use as contained in the parking demand study that formed the basis for approval of said waiver; and that exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation of the express conditions imposed upon said waiver which shall subject said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. -6- PC2003-72 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 19, 2003. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST; SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 19, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN W ITNESS WHEREOF, I have hereunto set my hand this day of 2003. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2003-72 ITEM NO. 2 tRe o6 46 F All NuR nE V -n m Np E C Conditional Use Permit No. 2001-04399 Subject Property TRACKING NO. CUP2004-04850 Date: June 2, 2004 Scale: 1" = 200' Requested By: WALTER SHOOK Q.S. No. 131 REQUEST TO PERMIT AN AUTOMOBILE SALES AUCTION IN CONJUNCTION WITH AN EXISTING AUTO BODY AND TOWING FACILITY. 2920 East La Jolla Street 3 '1349 ALL PROPERTIES ARE IN THE REDEVELOPMENT PROJECT ALPHA (NORTHEAST AREA) Y {~pt ~ ,'r,~, ~ ~ ~ 'ter-ssw `' . "`os~"'~ .G' ~~ r ~ , v, ~ ~u,,+~'^~,~, .,~~x < _ ~,~2~b-'~,..• j ~ ~+/' ,.rid ~ ~ ~a,m ~ ~,~~ 6,~ ~ ~~ c ~.~ sir 3"xi ~ d ~j ~ ~ 4 ~' +~ (Y in R+~ A ~` ~ ~ 30 ~ $i~ M1 .. .~" Y e ; ~ ~,~ ~ r ~ ~" 4"~ a~ . ,w sn 3 i ~ ~~,~'"='`~ ~~~yy,",^"~ ..~,„,1, vim"'. ~"r'` r~~ ftig ~'~ ~^~ ?w "~ z.rn h s ~ ~~, ~~ _ a v ~•- 'F ,~..r-' ~ ~ ~, ~* -~ y _,,,.+- ~ ~,~ fr3 t~ . 1 x ~ ~ ~ ,..a N`n` n ~~ ~ ` 1 t9 {~ .rE+` ,~ 1 • ~V a~2`'3ut # k. ~ ~ ^ '~ ~ r%".~`Y4fi ,,' ,j'~ g ~ , ' ~~ ~~ ,„ ~~ ~ "y^ >r ~ i i ~ k ~ y j ~~y^ ~* ~~ ~„''~ ~ ~ ~ 1.e5 T r {7' i a~ ~, , , ,~„` ,.~ ~ ~ ~ g ~"'' --`'" ~ ~+ "~~`` + ~ "''~ 3 ~l "~ u ~' + gu ~~ ~B c ~ m'~ ^ts';~ "~ ` ] j A J g ~~ .eA- ~ ~ ~~yt Kyy~W .~ 4 tk -~ ACA 1 t. 'at ., , h u. ,.Aq a ...E ~~ n' "~' •-. .:~°: ,, ~ ,~ ~ 1 ~ . ~.: ~~ . _ u,~f~,. e~ * ~` 3 {~ ~ qFt~ ii '"4 Y ~y~_ "£~~~ 1 ~ S4 ~. < sl'"fir y ., ~~ i°4~~5 90 ~ ~ ~i^'~iyv ~ 'p ~ `rte` a} s~ 1 -. ~. .W ~ t - a d„+ a• x~ ~, .,.a .a,.. s° ~m ~` c t- <,,,,~y.n""~ - '~~~ ati T'~.s axe'" ~ '~ ~ ~,. ~ ~*'f =r a x~x~~ c~ ~ e" u .{ ~- .S S:zl ~ 4 ~ ~ ~~ ~° ~ ~x_ ~~ M\aP z~ ,~ c,K t y~# ~ 1A ~ Y J'~^'~` 'lam "~ ~ ,. 1va~' E ~ 9~ x~'u u2, ., ~r.m.. ~ ' 3~." ;..x '.. ,.... _." ,,/_"~'Fq~ s„" .zke '~ ~ ~.. ~ ~..~~,2,.u~ "e ITNM N0. 2 Staff Report to the Planning: Commission `June 28; 2004 Item No. 2<' 2a. `CEQA CATEGORICAL EXEMPTION-CLASS 1 (Motion) 2b, CONDITIONALUSErPERMITN0:2001-04399 (Resolution). `(TRACKING NO CUP2004-04850) s SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 1.12-acre property has a frontage of 155 feet on the south"side of La Jolla Street, a maximum depth'of 314 feet and is located 194 feet westof the centerline of'Red Gum Street (2920 East LaJolla Street). REQUEST: (2) The petitioner requests approval to amend apreviously-approved conditional use permit for art auto body and towing facility with vehicle impound td allow an'accessory;automobile sales auction under authority of Cpde Section 18.110.050.0547 BACKGROUND: (3) This item was continued from the June 2, and June 14 2004, Planning Commission meetings in order to submit revised drawings to demonstrate the feasibility of complying with the Uniform'Building Gode pertaining to the assembly of persons in the building. i (4) This property is developed with an existing industrial building and is zoned SP94-1; DA 1 (Northeast Area Specific Plan; Industrial Area), The property is also located within the Alpha Project (Northeast Industrial Area) Redevelopment Area. The Anaheim General Plan' Land Use Element Map designates this property and surrounding properties for Industrial-Low land uses. PREVIOUS ZONING ACTIONS: (5) The following Zoning Actions pertain to this property: (a) Conditional Use Permit No. 2001-04399; (to permit an automotive repair (auto body) and towing;facility with behicle impound with'waiver of minimum number of; parkingspaces 7(_0 required; 13 proposed]) was approved by the Planning Commission on August 13, 2001. i (b) Conditidrtal Use Permit No. 2056 (to retain a contractor's storage yard)Was approved by the Planning Commission on March 24,:1980. Subsequently, the Planning Commission approved the deletion of a condition of approval (pertaining to paving the lot) on November 17, 1980 following a motion to initiate termination'proceedings. The business is no longer in operation. The petitioner has submitted a letter requesting the termination of Corditional Use PermiYNo. 2056. '' a ` sr8736gk.doc Page 1 Staff Report to the Planning Commission June 28, 2004 Item No. 2 DEVELOPMENT PROPOSAL: (8) i The petitioner proposes to establish an automotive'auction facility in conjunction with an :existing repair (auto body), towing and impound facility within an existing 19,208 square-foot building. The auction and auto body repair activities would occur within'' he building, and the ':7,830 square-foot impound yard area would expantl to inclutle the areaito the rear. of the building as well as part of the parking area to the north. The two letters`of operation submitted by the applicant indicate that the business activities would work in conjunction 'with one another. The business acquires used automobiles from lien sales of impounded vehicles through the onsite towing business or bank repossessions.: When neetled, these :cars are painted and repaired in the facility on the premises. `These vehicles would be sold ` at the auction. The auto body`repair is not open to'the public and serves only the towing and impound business. The auto body repair is conducted Monday through Friday from 9 a.m. to 5 p.m. The auto auction is proposed to operate on Saturday and Sunday; only, between the hours of 9 a.m. and 5 p.m.,'depending on the availability oflinventory: (7) The site plan (Revision 1 of Exhibit No. 1) and floor plan (Revision 1 of Exhibit No: 2) indicate the existing'industrial building would be improved with approximately 8,205 square 'feet designated for auto body repair and :10,558 square feet of assembly area for he auto 'auction including restrooms and 1,072 square feet of office area. The previously approved :floor plan included the entire 19,208 square foot building as auto body repair, with: the office `spaced unchanged' A permanent wall is!proposed o separate the two uses, to comply with:: all Building Code requirements. The plans indicate'that vehicles may enter the building via 'three roll-up doors on the easfbuilding elevation and one roll-up door on'the south elevation:: The impound area is proposed to be expanded from 7,380 square feet to 25,345 square feet. and include the area to the south of the building and a portion`bf the existing parking area to the east of the building. (8) 'Two driveways provide vehicle access from La Jolla Street, with tow trucks accessing the 'site from the eastern driveway: The site'plan approved in conjunction with Conditional Use "Permit No: 2001-04399 indicated a total of 55 usable parking;spaces on`the property (the 18' spaces within the impound yard area were not counted since vehicles are impounded/stored, in this area). At the time of the approvafof this contlitional use permit, Code required a minimum'of 70 spaces for this auto body and towinglimpound facility. Based on the revised 'floor plan Code would require the fallowing: Use Area (sgquare feet - Code-required,Parking Ratio Minimum Number of S aces Auto Re air .8;205 s.f. 3.5 s aces er 1;000 s.f. 28:7 Outddor Stara a 25;345 s.f. 1 s ace er2500 s.f. 10:1 Auction Area (including office.' area 11;003 s.f. *As determined by the Traffic and Transportation Manager Total'' 39's aces *Tba minimum number o/ ot7 street parking: spaces probided Por any land use noC listed be/owshall provide a minimum of nine-tenths (0.9f of one spaceper each employee on the largest work shift, plus such additional parking asis determined to ba reasonablypecessary by the City Traffic and Transportation Manager to meet the parking demand for such use. Page' 2 i' Staff Report to the < Planning Commrssibn June 26; 2004 Item No- 2 (9) The submitted photographs indicate aone-story, approximately 20 foot high buildings The photograpfis and plans indicate`the exterior buildingmaterialsconssst of masonry blocks, with typicatstorefrontgloss door's and windows for the office portion of the building facing La Jolla Street, and three (3) metal roll-up doors located on the east (side)bujlding elevation and one metal roll-up door on the south'(rear) building elevation; The pfiotographs`and site plan also indicate a 6=foot high block wall with a 4-foot high slatted chain link (overall height ` of 10 feet}:facing La Jolla Streefand along the east property line. Code requires perimeter fencing at a height sufficient to'screen the'outdoor aspects of the business. (10) The photographs indicate that the existing landscape area consists of sods and five`(5) existing mature trees'adjacent to La Jolla Street. Staff inspections revealed that the sod is in need of lrepair and hat only hree (3) mature trees'exist. Code requires: one tree per 20 feet of street frontage; for a total'of eighF(8) trees for this site: The landscaping js in poor condition'and needs!substantialrefurbishment. After meetingwith staff, the petitioner has "indicated that the landscaping will be enhanced to meet Code'~equirements. ENVIRONMENTAL IMPACT+ANALYSIS: (11) The Planning Director's authorized representative has determined that the proposed project falls within the definition of CategoricaFEzemptions, Section.15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, categoricallyexempt from the requirement o prepare'additional' environmental documentation. I GROWTH MANAGEMENTELEMENTANALYSIS: (12) The proposed project has been reviewed by affected City departments to determine whether it conformsiwith the City's Growth Management Element adopted by the City Council on 'March 17, .1992. Based on Cityistaff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been pertormed. EVALUATION: (13) An automotive repair(auto body) facility, stowing/impound facility and automobile sales are permitted within the SP94-1 DA1 Zone subject td approval of a conditional use permit. (14) At the time of approval far the previous conditional use permit, Code required 70 spaces based on the information in paragraph no (8) of this3eport. The previously-approved site plan indicated a total of 55 spaces available on-site. The petitioner submitted a parking 'study prepared by RBF Consulting, dated July 10, 2001, to substantiate the requested parking waiver along with the conditional use permit:`The City Traffic and Transpdrtation Manager reviewed said study acid determined thafthere is sufficient parking for this: 'business,provided tfiat 13 parking spaces were marked for customer parking only°and that the proposed gate restricting access to customer parking be removed from the plans. The Yevised site plan indicates a total of 18 customer parking spaces. Based upon the submitted a letters of operation, he auto hotly repair'and auto auction components of the onsite business will not be operating'simultaneously in order to ensure that adequate customer parking is'provided atoll times.° Page 3' Staff Report to the Planning Commission June 28; 2004 Item No: 2 (15) Staff has received four letters in opposition of this request (attached). Each of the letters indicate that there is hot enough parking for the current use and that there is a general traffic and parking problem:in the area. (16) Staff believes that this property,is appropriately located for this ype of business. The facility. - does not front on a major arterial highway and, generally, will not be visible to putilic. Staff, .however, recommends adoption of conditions of approval pertaining to the maintenance of the property and operation of the facility consistent with conditions of approval of the originals 'conditional use permit. At the time this staff report was prepared, a site inspection revealed hat the landscape setback adjacent to La Jolla Street is in need of refurbishment:; After meeting with staff, the petitioner has indicated that the landscaping along.. La Jolla Street is h the process of being refurbished and will be completed by tie time of the meeting. (17) Staff also recommehds that conditions of approval be adopted o prohibit: any outdoor work 'on vehicles, that no outdoor equipment (ie„ lifts, cranes, jacks, etc.) shall be permitted, and f3hat there will be no outdoorstorage of vehicle partsi Outdodr activity sfiall be limited to the: impounding of vehicles intro the designated impound area as shown on the exhibit. ;Staff also recommends that vehicle storage not be permitted outside of the impound yartl. (18) Staff also has concerns regarding the compatibility df the three business activities coexisting 'on the same property. Staff feels that as proposed,'the operation is appropriate, with the vehicles that are sold at auction are also.those that are already on the property as part of the impound and auto hotly repair;facility. Staff is concerned thatlif any other vehicles are brought onsite to be sold at auction that the parking may not tie adequate to support the ackivity. Staff recommends that along with not allowing the auto body repair and the auction - to operate at simultaneously, that the Planning Commission condition that no automobile vehicles are to be delivered to this property for the purpose of being auctioned thaFdid not arrive as a result of the existing'business'acGvity of impound and auto body repair. FINDINGS: (19) :Before the Planning Commission grants any conditional use permit, it must make a'finding of` fact that the eviderice presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use`permit is authorized by the Zoning Code, or that said use is not listed therein as being a 1 permitted use; (b) That the proposed use would not adversely affect the adjoining land uses and the growth and tlevelopment of the area in whidh it is proposed to be located; (c) That the size and shape;of the site for the proposed use is adequate to allow the full developmenYof the proposed userin a manner not detrimental to the particular area nor o the peace, health; safety, and general'welfare; j {d) That the traffic generated by the proposed use would not impose'an undue burden upon the streets and highways designed and' improved #o carry the traffidin the area;' '' and Page 4 Staff Report to the Plarihing Commission Juhe 2&,2004 item Nd. 2 (e} That the granting of the cdnditionaf use permit under the conditions imposed; if any, would not be'detrimentaf to the peace, health,` safety and general welfare of the citizens of the City of Anaheim. (20) Subsection 16.03.092 of the Anaheim Municipal Code provides for the modification or termination of a [conditional use'permit] [variance] for one or more of the following grounds: .010 That the: approval was obtained by fraud; .020 That the use for which such approval is granted is not being exercised within the time specified ih such permit .030 That the use for which such approval was granted has ceased to exist or has beensuspendedbr inoperative for anyreason fora period of six (6) consecutive moriths or more;. .040 That the permit granted is being, or recently has been exercised contrary to the terms or conditions of such approval, or iri'violation of any statute, ; I ordinance, law or regulation;;: .050 That the use for which the approval was granted has been so exercised as to be detrimental to the publichealth or safety, or sous to constitute a nuisance; .055 That the use for which the approval was granted has not been exercised, and that based upon additional information"or due to changed circumstances, the facts necessary to; support one or more of the required showings for the issuance of such entitlement as set forth in thisofiapter no longer exist; and/or .060 `` That any such modification, ihcluding the imposition of any additional conditions theretd is reasonably necessary to protect the public peace; health,`safety or general welfare, or necessary td' permit reasonable operation ' under the conditional use permit as granted. RECOMMENDATION: (21) .Staff recommends that, unlessadditional or contrary information is received during the meeting; and based Upon the evidence submitted to the Commission, including ihe' evidence presented in this staff feport, and oral and written evidence presented at the public hearing, that the Planning Commission approve, the petitioner's request to permit an automobile sales auction in conjunctionwith an existing autd body and towing facility by adopting the attached resolution including the findings and conditions contained therein. i Page 5 [DRAFT] RESOLUTION NO. PC2004--"* A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CONDITIONAL USE PERMIT NO. 2001-04399 (2920 EAST LA JOLLA STREET) WHEREAS, on August 13, 2001, the Anaheim City Planning Commission did, by Resolution No. PC2001.112, granted Conditional Use Permit No. 2001-04399 to permit an automotive repair (body shop) and towing facility with vehicle impounding with a waiver of minimum number of parking spaces. WHEREAS, the petitioner has requested to amend said conditional use permit to allow an accessory automobile auction in conjunction with the previously-approved auto body and towing facility with vehicle impound WHEREAS, this property is currently developed with an existing industrial building, the underlying zoning is SP94-1; DA 1 (Northeast Area Specific Plan; Industrial Area); the Anaheim General Plan designates this property for General Industrial land uses; and this property is located within the Alpha Project (Northeast Industrial Area) Redevelopment Area; and is situated in the City of Anaheim., County of Orange, State of California, described as: PARCEL NO. 3, AS SHOWN ON A MAP FILED IN BOOK 95, PAGES 33 AND 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued from the June 2, and June 14, 2004, Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the use, as proposed to be amended, is authorized by Section 18.110.050.0547 of the Anaheim Municipal Code to wit: to permit an accessory automobile sales auction in conjunction with an existing auto body and towing facility with vehicle impound: 2. That the auto body and towingfimpound and accessory automobile auction facility is properly one for which a conditional use permit is authorized by the Zoning Code. 3. That the auto body and towingfimpound and automobile auction facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 4. That the size and shape of the site for auto body and towing/impound and automobile auction facility is adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 5. That the traffic generated by the auto body and towing/impound facility and automobile auction would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the accessory automobile auction activities would be limited to Saturday and Sundays. 6. That the granting of Conditional Use Permit No. 2001-04399, under the coriditions imposed, would not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. Cr\PC2004-0 -1- PC2004- (TRAGKING N0. CUP2004-04850) 7. That "` indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution No. PC2001-112 to read as follows: 1. That if required, the legal property owner shall provide the City of Anaheim with a public utility easement. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 2. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening shall be required for all pad-mounted equipment. 3. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 4. That no auction vehicles shall be stored in the required customer parking spaces. 5. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 6. That plans shall be submitted to the City Traffic and Transportation Manager for his review.and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 .and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 7. That eighteen (18) on-site customer parking spaces shall be open and available at all times. 8. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. This includes the existing gate, restricting access to the customer parking area. Said information shall be specifically shown on plans submitted for building permits. 9. That no compact spaces are permitted. 10. That an on-site trash truck turn around area shall be maintained per Engineering Standard Detail No. 610 and shown on plans as required by the Department of Public Works, Street Sweeping and Sanitation Division. 11. That the automobile auction shall at all times be accessory to the auto body repair, towing and impound facility and shall be limited from 9 a.m. to 5 p.m., Saturday and Sunday. All auction activities shall occur within the area designated on the floor plan (Revision 1 of Exhibit No. 2) 12. That the trash storage areas used by this business shall be refurbished, including the installation and painting of trash enclosure gates and roof to prevent entry of storm water into the enclosure, to the satisfaction of the Public Works Department, Streets and Sanitation Division to comply with approved plans on file with said Department. Said information shall be specifically shown on plans submitted for building permits. -2- PC2004- 13. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 14. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 15. That if required by the Urban Forestry Division of the Community Services Department, street gees shall be installed, by the property owner, within the public right-of-way adjacent to La Jolla Street. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community Services Department. 16. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner. Any additional signage shall be subject to approval by the Zoning Division. Any decision by staff regarding said signage may be appealed to the Planning Commission as a Reports and Recommendations item. 17. That the storage of vehicle parts, or business-related materials and all work on vehicles (including the washing of vehicles) shall be confined entirely to the interior of the buildings. Absolutely no vehicular body work, painting or other business-related activities, or storage of vehicle parts or materials shall be allowed in the front or rear yard areas, or on the roof of the buildings. Further, there shall be no outdoor equipment permitted, including hydraulic lifts. That impound parking of vehicles overnight shall be permitted only in the designated impound area shown on the site plan (Revision 1 of Exhibit No. 1) 18. That signs shall be posted in front of the property, stating that parking is reserved for customers of the subject business only. 19. That there shall be no outdoor storage in any required parking area, and that vehicles shall only be stored in the impound yard as shown on Revision 1 of Exhibit No. 1 (site plan). 20. That customer parking spaces shall be striped and clearly marked for "customer parking only", and at no time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or adjacent to the building. 21. That prior to the operation of this business, a valid business license shall be obtained from the City of Anaheim, Business License Division of the Finance Department. 22. That plans for the change in occupancy to accommodate the assembly of persons within the building shall be submitted to the Building Division for review and approval. 23. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision 1 of Exhibit Nos. 1 and 2, and as conditioned herein. 24. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 12 and 22, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 25. That prior to final building and zoning inspections Condition No. 23, above-mentioned, shall be complied with. 26. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -3- PC2004- THE FOREGOING RESOLUTION was adapted at the Planning Commission meeting of June 28, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and .maybe replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 28, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004- ATTACHMENT - ITEM N0. 2 THE CAR MAN AUCTION, INC. 2920 E. LA JOLLA -- ANAHEIM, CALIFORNIA 92806 TELEPHONE: 877)-527-6261 FAX: (714)-632-9960 May 19, 2004 Mr. G. Scott Koehm Planner Planning Department 200 S. Anaheim Blvd., Suite 162 Anaheim, CA 92805 RE: Project #: CUP2004-04850 Location: 2920 E. La Jolla St., Anaheim, Ca 92806 Dear Scott: Pursuant to your request, this letter shall address your concerns re the nature of our proposed Auto Auction, and the Body Shop activities. Description of the Auto Auction Business We acquire used autos from lien sales of impounded automobiles through our towing business or bank repos. Some of these cars need body work and/or paint. We do the necessary body work and/or paint and offer the autos for sale through auction. The auctions will be held on weekends only. The auction will be held between the hours of 9:00 am to 5:00 pm depending on availability of inventory The Body Shop area is strictly for work on our own cars. We only do that between the ours of ~:OOam to 5:00 pm, Monday through Friday onlyr The body shop is not open for the public, and we do not do any work. for the public. That is why we believe that screening rather than separation by a wall will be sufficient. If you ~ any further questions, please contact me. SAID ATTACHMENT - ITEM N0. 2 THE CARMAN AUCTI®N, INC. 2920 E. LA JOLLA ANAHEIM, CALIFORNIA 92806 TELEPHONE: 877)-527-6261 FAX:: (714)-632-9960 - IVtay 13, 2004 Mr. G. Scott I~oehm Planner Planning Department 200 S. Anaheim Blvd., Suite 162 Anaheim, CA 92805 RE: Project #: CUP2004-04850 Location: 2920 E. La Jalla St., Anaheim, Ca 92806 Dear Scott: Thank you for your courtesy and help in this project this afternoon. Pursuant to your request, this letter shall address the two clarifications the separation of the Body Shop area from the Auto Auction area, and the location of the Autos entering the Auction Area. The Body Shop area will be screened from the Auction area whereby the Body Shop Area will not be seen from the Auction Area. See Exhibit "A" attached, which shows Area "A" as the Body Shop area, and Area `B" as the Auction Area. Further, the auction will be conducted on either Saturday ®r Sunday.or both, when there will not be any body shop business. The two businesses will not be operated simultaneously. If you have any further questions, please contact me. a~t'~I AR2SS9L~01 69662£9bIL ~JNIMOl H031 2~ti15~WOJ~ 9z~60 b60Z-bti-J;tiW MRY-14-2004 09:26 FROM:STRR TECH TOWING 7146329960 ~. - I J ,~ y y' I ~ ~ ~ ~ io ~~ ~~ ~ ~ ~ a ~ ~ ~ :, W v n -W .- ~ _~ N ~ .a~-,at s1 io _ ~ ~1 ~r~~N~ s' N R u r ~v a o ~' S O n /^1 ' V j ^ ~ 1FFJ1 ,.9- Ifi ONDIN d ~ h ~ W v~ f =~ ~ N I ~ .I N T0:76S5280 P.2%2 .. ~ ' .. 31NJ 3~Nii ° w ~~ I d •~NIOIlS ~ ~ w J k •-_ _o- z ~- u -~ £~~ ~ a -~-- ____---- ~ , 0 m D ~~ n b b a 10 C n ~ N b b ATTACHMENT - ITEM NU. 2 Mark W. Lally 2920 East La Jolla Anaheim, Ca 92$06 April 8, 2004 Dear Sir or Madam: I represent the owner of property located at 2920 East La Jolla, Anaheim, Ca 92806, The existing zoning of the property allows the property to be used as an auto body shop and towing yard with impound. I hereby request modification of the existing use to allow using the property for: Public Auto Auction/retail. The Public Auto Auction would be held once a week on Saturdays, from 8:OOam till 6:OOpm. Up to fifty cars will be auctioned per each auction. The cars will be totally on the property. In addition, there is an additional fifty parking spaces for customers. Respectfully f~~.. ~ ~~ =~~ ~~Mark W. Lally ~Uf N0, 2 01- 0 4 3 9 9 L~P1 Lvv. ~ PR (Pq (ECI RCL ]]-]a-]< RCL ] i-02-a4 ANANEIM FIRE STATION NO 9 PR IPCpSCI ftCL ]34eJi RLL )0-01-2b RCL )0.>i-33 PNAHEIM HILLS GOLF COURSE l9 'V~ ~1] 1 ~__'~'~W ~~ ~ ` RM.2a001PC1 (Eq ~~ l` RCL ]t-)2-ea lal RCL ]9-> 1-39 `` ` CUP 13fi@ 96y, ` TOWNMOME@ / ~O w ba OU I _ /~ `~ '~O W ~'~- e ~ ~ ` t ~ 11 11 \1 , 1 1 ~ ..................... PR IPq I9Cf RCL ]]-]4-Je RCL]L]2-:a OPEN SPACE ~~ PS60001PCI ISC1 ~ V CUP 2)at ftCL H42de CUP 1959 RCL]S]6.2111) RS A-0]9 P t ANAHEIM HILLS - - 99 ( q (SLI RCL)0.)i-39 @AOOLE CLUB OAK PARK PCL ]0.fl-J] J CUP tb93 VAR 2])9 ( OPEN SPACE ( \' »-~~ \1 A` YA \~~..-~ FAIRWAY LN RM-39901PC1IELI - ANAHEIM HILLS RCL]&00.2513) ,. SAOOLE CLU@ qCL ]9-]1.3] VAR 3196 VAR 3a69 RS-@000 (PCI19q OPEN SPACE RCL )S]6-22121 RCL ]143da RCV0.)1-]9 RCL )0.)1-J] CUP 1602 VAR 2]>9 OPEN SPACE RS5909 (PCI ISq PERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE Conditional Use Permit No. 2004-04859 Subject Property Date: June 28, 2004 Scale: Graphic Requested By: ANDREW W. EDWARDS Q.S. No. 199 REQUEST TO CONSTRUCT A FREESTANDING TELECOMMUNICATIONS ANTENNA FACILITY (FAUX PINE DESIGN) AND ACCESSORY GROUND-MOUNTED EQUIPMENT. 6352 East Nohl Ranch Road -Anaheim Hills Saddle Club IF 1382 ITEM N0. 3 Staff Report to the Plannirig Commission June 28;2004 Item No. 3 3a. CEQANEGATIVE DECLARATION (Mot)dn) 3b: CONDITIONAL USE PERMIT N0. 2004-04859 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped 14.7-acre property has a frontage of 469: feet pn the southwest side of;Nphl Ranch Road, a maximum depth of 1529 feet,iand is located 1,920 feet southeast of the centerline of Canyon Rim Rpad (6352' East Nohf Ranch Road -Anaheim Saddle Club). REQUEST: (2) The petitioner requests approval of a conditional use permit under the authority of Code Section 18121,050.125 to construct a freestanding telecommunications antenna facility (faux pine design) and' accessory ground-mounted equipment. BACKGROUND: (3) This property is developed with a private equestrian center and is zoned RS-A-43,000 (SG (Residential/Agricultural -Scenic Corridor Overlay) and OS (SC) (Open Space -Scenic Corridor Overlay). The Anaheim' General Plan Land Use Elemeht Map designates this property for General Open Space land uses and further designates the surcounding properties for General; Open Space to the south, east; and wesh and Residential Low- Medium Hillside and General Open Spaceland uses o the north. PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this property: (a) 'Conditional Use Permit No. 2741 (to permit the expansion of an equestrian :center) was approved by the Commission on January 6, 1986: (b) .Variance No. 3136 (waiver of required lot frontage on a public street) was approved,by the Commission on February 11, 1980. (c) Conditional Use Permit No. 1959 (to permit a commercial equestrian center on he northerly 4.72 acres) was: apprpvedby the Commission on March 26, 1979.. PROPOSAL: { (5) The petitioner proposes to construct a 35', 2" high faux pine tree telecommunicatiohs facility including ground-mounted accessory equipment. The proposed facility wduld consist of three (3) sectors with two (2) panel antennas on each sector for a total of six (6) antennason the facility. The panel antennas would be 6-feet high by 1-foot wide and 4 `inches thick. One (1)2-foot by 2-foot microwave antenna and one (1) GPS whip antenna would also be located'within the branchesbf the faux pine. The accessory ground- mounted equipment would be located approximatelyeighty-eight (88) feet south of the proposed pine tree. : (6) The site plan (Exhibit No. 1) indicates that the proposed location of the faux pine tree and accessory equipment'sheltertyould be adjacent to the east property line :approximately 340 feet south`bf Nohl Ranch Road' Sr5099Jr.doc Page 1 Staff Report to the Planning Commission June28 2004 ItemNo.3 enhanced coverage and capacity, The search ring for this facility was centered at the intersection of Nohl Ranch Road and Via Madera which is located approximately677 feet o the base of the proposed fauxpine. (14) The Planning Department continues to discourage unscreened telecommunication facilities due to the significant cumulative visual impact on the community as a whole. However, this proposal'would not; significantly impact the visual aesthetics of the area,; as it would not be visible from Nohl Ranch Road or the adjacent surrounding properties. Staff feels that ''stealth" installations are thebest alternative to decrease visual clutterand advance the °aestheticguality of the community. The'design of his telecommunication antenna achieves the City's: objective to screen these types of facilities. The faux pine would be setback 340 feet from Nohl Ranch Road`and located adjacent to existing mature trees and `as such,. would "blend in" within the context of the'site. Staffihas included a condition of approvaCrequiring,the proposed color of the facility o blend into the color paletteof ``adjacenftrees, as well as a condition of,approvalYequiring the antennas tc not extend beyond the branches utilized to camouFlage the facility. The'petitionerwould be required to' `'submit to`staff a colors and material board prior to issuance of a building permit associated' with the construction of this project. As conditionetl herein, staff recommends approval of this request. FINDINGS: (15) Before the Planning; Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist:: (a) Tftat the proposed use is properly;one for which a conditional use permit is authorized by the Zoning Code, or that said `use is noElisted therein as being a permitted use; (b) That the size: and shape of the site for the proposed use is adequate to allow the full development: of the proposed use in a manner not detrimental to he particular area nor to the peace, health, safety, and general welfare; ' (c) That the traffic generated by the proposed use will notimpose an undue burden upon the streets and highways designed and improved to carrythe trafficln the area; and (d) That the granting of the conditional use permit under the conditions imposed, if any, `, will not be detrimental to the peace, health, safety and.: general welfare of the citizens of the City of Anaheim. ' RECOMMENDATION: (16) .:Staff recommends that unless additional or contrary information is received during the >meeting;;and based upon the evidence submitted to the Planning Commission; indluding he evidence presented in thisstaff report, and oralrand written evidence presented at the ;public hearing, the Commission approve he petitioner's request by adopting the attached .resolution including the findings contained therein. Page 4 jDRAFT] RESOLUTION N0. PC2004--' A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04859 BE GRANTED (6352 E. NOHL RANCH ROAD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: LOT 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON P, MAP FILED IN BOOK 164, PAGE 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL B: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 155, PAGES 32 AND 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY. RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 28, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findingsand recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.21.050.125. 2. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare as the proposed telecommunication facility would be designed to simulate a pine tree and would blend in within the existing trees in the vicinity, and would be unrecognizable as a telecommunication facility from the public right-of-way; and 3. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as only one to two technicians for preventative maintenance would be on site once per month; and 4. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim as the facility would enhance wireless services coverage within the area and the facility is located approximately 340 feet south of Nohl Ranch Road and as such, would not be recognizable as a telecommunication facility from the public right-of-way. Moreover, the facility would be designed to simulate a pine tree and would blend in with the surrounding trees and topography. 5. That '"' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. Cr1PC2004-0 -1- PC2004- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Commission that the declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to .preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this conditional use permit shall expire in five (5) years, on June 28, 2009. 2. That the telecommunications facility shall be disguised as a pine tree and shall be limited to 35 feet 2 inches in height. The number of antennas shall be limited to three (3) sectors with two (2) panel antennas per sector. The maximum dimensions of the antennas shall be 6 feet high and 1 foot in width. Said antennas shall not extend beyond the faux pine branches. The ground-mounted equipment shall be enclosed within a 200 square foot equipment shelter located approximately eighty-eight (88) feet south of the proposed pine tree. One (1) 2-foot by 2-foot microwave antenna and one (1) GPS whip antenna may also be located within the branches of the faux pine. Said information shall be specifically shown on plans submitted for building permits. 3. That the faux pine tree shall be finished with colors and materials that resemble a live pine tree and be consistent with the color palette of the surrounding trees. The petitioner shall submit a colors and materials board for the facility to ensure consistency with the surrounding trees. Said information shall be specifically shown on plans submitted for building permits and shall be reviewed and approved by the Zoning Division. Upon completion of the faux pine tree, an inspection shall be conducted by the Zoning pivision to determine whether the colors and materials used resemble a live pine tree. Any decision made by the Zoning Division regarding the exterior finish of the structure may be appealed to the Planning Commission. The faux pine tree shall be continuously maintained in a "like new" condition. 4. Thaf the ground-mounted equipment shall be located entirely within the equipment shelter and the cable' connecting to the equipment shall be underground and shall not be visible to the public. The proposed perimeter fencing shallJae a minimum of seven (7) feet in height to completely screen the proposed BTS units and utility meters.. Said information shall be specifically shown on plans submitted for building permits. 5. That the chain link fence at the perimeter of the equipment area shall have a green vinyl clad finish and vines shall be planted to screen the equipment from view of patrons of the equestrian center. Said information shall be specifically shown on plans submitted for building permits. 6. That no signs, flags, banners or any other form of advertising or identification shall be attached to the faux pine tree. 7. That the portion of the property being leased to the communication provider shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 8. That the Operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. -2- PC2004- 9. That at all times, other than during the 24-hour cure period provided in Condition No. 1 1 below, the Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on the City's 800 MHz radio frequency. 10. That before activating its facility, the Operator shall submit to apost-installation test to confirm ,(hat the facility does not intertere with the City of Anaheim's Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff's Department or a Division- approved contractor at the expense of Operator. 11. That the Operator shall provide a "single point of contact" including a 24-hour telephone number, fax and a-mail address to the Zoning Division (to be forwarded to the Fire and Police Departments) to which interference problems may be reported, and shall resolve all inteference complaints within 24 hours. 12. That the Operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms. and conditions of this permit. 13. That should this telecommunication facility be sold, the City of Anaheim Planning Division shall be notified within 30 days of the close of escrow. 14. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. 15. That all equipment, including supply cabinets and power meter shall be installed on private property and shall be screened form public view, as approved by the Planning Division. The developer shall obtain a Right-of-Way Construction Permit from ttie Public Works Department for any work within the public right-of-way, including but not limited to installation of conduit, cable and electrical service lines. 16. That any activity related to disturbing or removal of Coastal Sage Scrub habitat shall be required to follow the provisions of the NCCP/HCP program as indicated below: To the maximum extent practicable, no grading of CSS habitat that is occupied by nesting gnatcatchers shall occur during the breeding season (February 15 through July 15). It is expressly understood that this provision and the remaining provisions of these construction-related mitigation measures are subject to public health and safety considerations. These considerations include unexpected slope stabilization, erosion control measure and emergency facility repairs. In the event of such public health and safety circumstances, landowners or public agencieslutilities shall provide USFWSICDFG with the maximum practicable notice (or such notice as is specified in the NCCP/HCP) to allow for capture of gnatcatchers, cactus wrens and any other CSS identified Species that are not otherwise flushed and will carry out the following measures only to the extent as practicable in the context of the public health and safety considerations. Prior to the commencement of grading operations or other activities involving significant soil disturbance, all areas of CSS habitat to be avoided under the provisions of the NCCP/HCP, shall be identified with temporary fencing or other markers clearly visible to construction personnel. Additionally, prior to the commencement of grading operations or other activities involving disturbance of CSS, a survey shall be conducted to locate gnatcatchers and cactus wrens within 100 feet of the outer extent of projected soil disturbance activities and the locations of any such species shall be clearly marked and identified on the construction/grading plans. A monitoring biologist, acceptable to USFWS/CDFG, shall be on site during any clearing of CSS. The landowner or relevant public agency/utility shall advise USFWS/CDFG at least seven (7) calendar days (and preferably fourteen (14) calendar days) prior to the clearing of any habitat occupied by identified species to allow USFWS/CDFG to work with the monitoring biologist in connection with bird flushing/capture activities. The monitoring biologist shall flush Identified Species (avian or other mobile Identified Species) from occupied habitat areas immediately prior -3- PC2004- to brush-clearing and earth-moving activities. If birds cannot be flushed, they shall be captured in mist nets, if feasible, and relocated to areas of the site to be protected or to the :NCCP/HCP reserve system. It shall be the responsibility of the monitoring biologist to assure that identified"` bird Species shall not be directly impacted by brush-clearing and earth-moving equipment in a manner that also allows for construction activities on a timely basis. Following the completion of initial grading/earth movement activities, all areas of CSS habitat to be avoided by construction equipment and personnel shall be marked with temporary fencing or other appropriate markers clearly visible to construction personnel. No construction access, parking or storage of equipment or materials shall be permitted within such marked areas. In areas bordering the NCCP reserve system or special Linkage/Special Management areas containing significant CSS identified in the NCCP/HCP for protection, vehicle transportation routes between cut-and-fill locations shall be restricted to a minimum number during construction consistent with project construction requirements. Waste dirt or rubble shall not be deposited on adjacent CSS identified in the NCCP/HCP for protection. Preconstruction meetings involving the monitoring biologist, construction supervisors and equipment operators shall be conducted and documented to ensure maximum practicable adherence to these measures. CSS identified in the NCCP/HCP for protection and located within the likely dust drift radius of construction areas shall be periodically sprayed with water to reduce accumulated dust on the leaves as recommended by the monitoring biologist. 17. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein. 18. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 11 and 14 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 19. That prior to final building and zoning inspections, Condition Nos. 10, 3 and 17above-mentioned, shall be complied with. 20. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable city, State and Federal regulations: Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution., and any approvals herein contained, shall be deemed null and void. -4- PC2004- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 28, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 28, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2004- ITEM N0. 4 RS-A-03,000 BROOKHURST JUNIOR HIGH SCHOOL CRESCENT AVENUE CL RCL 99-00-11 RCL 96-99-11 RCL 81-82.13 {Res al Inlenl to RM-3000) CUP 2292 PARKING LOT ~~~~~~~ O O CL RCL 96-99-11 RCL 72-73-8 7-VAR 4406 VAR 4389 VAR 2403 ADJ 0176 OFFICE BLDG. CL RCL 98-99-11 RCL 72-73-8 VAR 2403 ADJ 0060 PROFESSIONAL OFFICES -64-fi5-03 RCL 89-90-34 CL soot-o44oe RCL BB-69-33 ~zaao-o4z3e CUP 2001-04406 COMMERCIAL 2ooo-04zz~ ~a47ze SHOPPING CENTER T-CUP 2000-04238 T-CUP 2000-04229 CUP 4126 VAR 4115 CL VAR 4013 VAR 3894 12p0 O~FG.D RM-7200 RCL 89-9D-34 RS-A-43,000 RM-7 zoo RCL 90-99-it FIRE STATION vacarvr VAR 4ii5 N0.2 CRESCENT AVENUE o F o N ' W ~ W ~ ~ m F- W N I L N ~ . } Y W m I BROOKHURST COMMERCIAL CORRIDOR 0 RM-1200 RCL 69-70-08 CUP 1225 VAR 2616 VAR 2717 S TARA HILL APARTMENTS 366 DU U CL ti RCL 96-99-11 ~ RCL 63-64-114 ~ (Res of Inlont to RM-1'. _ - RCL 64415-B8 CUP 561 Y VAP..1fi84 ~ PROFESSIONAL ~ OFFICES m H RM-12 00 RCL B2-63-91 W ts32s CUP 2480 J CUP 396 APARTMENTS j 4 DU EACH 1932 5 Conditional Use Permit No. 2004-04858 Subject Property Date: June 28, 2004 Scale: 1" = 200' Requested By: JOHN MCDONNELL Q.S. No. 39 REQUEST TO PERMIT A CHURCH WITHIN AN EXISTING OFFICE BUILDING WITH WAIVER OF MINIMUM NUMBER OF REQUIRED PARKING SPACES. 520 North Brockhurst Street 1385 ALAMEDA AVE ~ ~q . z t .t. ' f. '' _~ c &. ,~ ~ ,.. z ;~~ ~ - GRAMERCY AVE _. . _ s _ ...__~.... .. u.r-n ' ~ ~~ ~~ _. _~ C 4 YY ~~~ :fi V(T tt j / i .~ . ~ • : ~ ~ ~ ~ ~ f ~ q .1 ~,~„„ ~ .. f 4qq ~ "~ r o ~ P d ~ J t~ ~ ~ ~~' # ' ~ 'y°~ ~ ~. r~ - ~ r * °~ ,y~k"~is { b fir ~ ~.. a r~ ~ ' CRESCENT AVE ~" -'~'-- -= ~ ~ ~ - t~ - < -. `~~ ~t u s ~ ~~ ,~, x, "u t ~~ ~ „ ~;v ~~" =~.' ~' 1 '~ ~~ ,-~#~ ~ 4 ~ e'~~ . ,,~ ~ °~ - w ~ t n-e ~ a r ~; ~ ~ ~jne t.. ~i ~ ~ ~ 3 ; ~ „..Y rl ~ ~ ...-.~ f t i ~ s ~ ~ "~ 2 `.'~s'~' ~ s ~ t ~ L s ~ ""^g gp gt~ ~~ ~ ~ ~ *Z'. =FS `4v&~~'µfi("~'~~~~''~~A`=i~i' ' 4.f 4 s t. ~u ¢cp.~= W y' # r ~~ $rJ ~ #~ S ,_ ~ e -_ , z T,e ~ w7w=+s-=`A"~r ~ r ~ ~ ,y * vz < ~.a ao- s s` i<:It T 1 'mot a~ ~.,,. s ---~. %t ~'~, rs~~a .~ s s~ ~ ~' g~w' 1F ,mot ~ ~ ~ ~ ~'.~ u ...F; .~ _ .P..,, ~ .. _ r _~ ,~~.._ -.-.... ~~ ~ ~~ € 1 ~ ' ~! ~ ~, ~ ~ ~ ~a ' ~. y' ~~ ., a~ A.~. ,,_ m~ ~,a~ k ?~; .F 7 ~.! ' . ~ ~; .-.~.,.~ x x *r w ~ . ~~ ~~P,'x+! ~iS w ~:... { t dd du real ITEM N0. 4 Staff Report to the Planning Commissdn June 28,:2004 Item No: 4 4a. CEQANEGATIVEDECLARATION (Motion) 4b. :WAIVER OF CODEREOUIREMENT (Motion) 4c. <CONDITIONACUSEPERMIT:NO.2004=04858 (Resolution)" SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped; 1.55-acre property has a frontage of 268 feet on the east side of Brdokhurst5treet, amaximum depth of 270 feet and'is located 200 feet south of the4 cehterline of CrescenEAvenue; (520 North Brookhurst(Street). "REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code Section 18.44.050:130 to permit a church within an existing office building with waiver of the following: (a) SECTION NOS. 18.06.050.0266 - Minimum number pf oarking spaces AND 18.44.066.050 (138 required; 115 proposed and recommended by the7raffic and Transportation Manager) BACKGROUND: ', (3) This property Is developed with a 27;000 square foot office building'and is zoned CL (BCC) (Commercial, Limited; Brookhurst Commercial Corridor Overlay). This property is located in the WestiAnaheim~;Commercal Corridors Redevelopment ProjectArea'and the updated General Plan: Land Use Element Map designates this property for Office-Low land uses. (4) The surrounding updated General Plan designations are as followsi Direction General PIan±Desi nation North Office-Low East across Valle Street .Residential Medium South Residentiat Medium West across Brookhur•st Street General Open Space and: Office-Low (5) There are no prior zoningiactions pertaining to his property. PROPOSAL: (6) The petitioner proposes to establish'a church within an existing two'-story office building. The church would tie comprised of administrative offices, a classroom and a sanctuary. No daycare i or private school is proposed in connection with this church. The church would occupy; j,687 square feet of this two-story office building and office tenants would continue to occupy the remaining 25,3:13 square feet. (7) The site plan (Exhibit Nm' 1) indicates that the existing building is setback 14 feet from Brcokhurst Street, 7 feet from the north property line, 5 feet from the east property line and 6 feet(from the south property line. Plans further indicate a 6-foot wide landscaped setback immediately adjacenk to the south property line to buffer'the parking lot from the abutting restaurant. Sr8745gk.doc ' Page 1 Staff Report to the Planning`Commission June 28;12004 Item Noi'4 (8) Flood plans (Exhibit No. 2) indicate that the church would occupy 1;687 square feet on the first floor of the existing 26,807 square foot building. The church would consist of 1,267 square feet of sanctuary/assembly area, 245 square feefof church offices and 175 square feet of classroom area. The church does hot propose to utilize the second floor. (9) Vehicular access is provided by two driveways, one on Brookhurst Street and one on Valley Street. A total of 115 parking spaces are proposed to serve the church and'office tenants within the building. Code requires a minimum of.738 spaces based on the following: Use area Code required parking ratio Number of s aces'Ire wired Business 25;120 s.f. 4 spaces per 1 X000 square feet :100.4 !Office Proposed 1,267 s.f. 29 spaces per 1,000 square feet of 36.7 Church (assembly) ? 4 assembly area 245 s.f. 4 spaces per 1000 square feet of i b.98 (office) office: area :175 s.f. classroom Total 26;807 s.f. 13g Staff Report to the Planning Commission .'June 28; 2004 ::Item No. 4 (11) Photographs indicate an existing mature, well maintained planter area within the 14-foot wide setback'area atljacent to Btbokhurst Street, including shrubs and grdundcover: A site ', inspection and photographs indicate existing Jandscaped planters containing 7 mature trees and; groundcover along] he east property line'(abutting .Valley Street), 5 trees with groundcoveron the south property line (abutting a restaurant), groundcover and shrubs along the north property line (abutting a service statioh) and groundcover and shrubs' _ adjacent to the west property line (abutting. Brookhurst Street). Trees are required at a ratio of 1' tree per 20 feet of'street frontage along Brookhurst Street (13 trees) and Valley Street (12;trees). (12) Sign plans were not submitted with this request. The applicant has indicated no new signs are proposed at this time. (13) The letter of operation indicates that the primary church operagons would be conducted on Sunday, with assembly/Sunday School services from 9 a.m. to,12 noon ahd worship j services from 6 p.m; to 9 p.m. The church would be open fromiTp.m, to 9jp.m. onTuesday, Thursday, Friday and Saturday for Bible Study, Worship Service; Youth Meeting and Chair Practice respectively.: The church is not proposing any office hours during the week:` The letter indicates there are approximately 90 congregants, 65 adults and 25 children. 'ENVIRONMENTAL IMPACT ANALYSIS:: (14) Staff has reviewed the .proposal and the Initial Study (a'copy of which is available for review in the Planning Department) and finds no significant environmental impactand, therefore, recommends that a Negative Declaration be approvedupon a finding by the Commission that the declaration reflects the independent judgmentof the lead agency;'and that it has considered the proposed Negative Declaration together with anyicomments received during the public review process and further finding,on the basis of the Initial Study and any comments received that there is nb substantial evidence that the` project will have a '` significant effect on theenvironment. GROWTH MANAGEMENT ELEMENT ANALYSIS:'. (15) The proposed project has been reviewed byaffected City departments to determine whether it!conforms with the,City's Grdwth Management Element adopted. by the City Coundil on ,March 17, :1992. Based on Citystaff review df the proposed project, it has been determined that this project does not fit within the scope necessary to requires Growth Management Element analysis, therefore, no analysis has been performed. r -> EVALUATION: (16) The requested waiver pertains to minimum number of parking spaces. Code requires a minimum of 138 spaces for the dombined uses on the property as described in paragraph (9) ofof this report and 1'15 spacesare proposed. The'petitionerhas submitted a parking study prepared. by Traffic Safety Engineers, Inc. (dated April 20, 2004) which. has been reviewed and approved by the City Traffic and Transportation Manager based upon tfie peak parking demand of 52 spaces on Thursdays,and 33 spaces on Sundays being i substantially ess thanthe 115 spaces proposed for the combined uses on,the property. (17) This site is located within the West Anaheim: Commercial Corridors Redevelopment Project Area. The`Community;Develdpment Department concurs with Planning DepartmenYstaffs recommendation for: approval ` Page 3 Staff Report to the Planning Commission June 28, 2004 Item! No. 4 (18) The parking study identifies the following findings tosubstantiate the approval of the <requested waiver: r " (a) That the waiver, under the conditions imposed; if any, will not cause fewer off-street parking spaces`to be provided forsuch use than the number of such spaces necessary fo accommodate all vehicles attributable to such use under the normal and reasonable' foreseeable conditions of operationofsuch use. The .parking study indicates that the parking demand for off-street parking spaces is lower than the quantity provided on the parcel' There is a surplus of parking spaces on the parcel. (b) That the waiver, under the conditions imposed; if any, will not increase the demand and' competition for parking spaces upon the publid streets in the immediate vicinity of the proposed use. Theproposed project will not increase demand for parking on any streets in the vicinity: (c) That the waiver, under the conditions imposed; if any, will not increase the demand and competition for parking spaces upoh adjacent private property in the immediate vicinity of the proposed use. The proposed project will not cause any demand for parking on private property in the vicinity. An adequate supply of parking is provided on the site and all project related parking is expected to occur on the parcel. (d) That the waiver,' under the conditions imposed,, ff any, wil(not increase frafFc congestion within the off-street parking areas or lots provided for such use. The amount of parking demand forecast for the site is well within the supply provided on site. Traffic and parking congestion will not occur because the overall demand for parking at the site is lower than the amount of parking provided acrd a surplusbf parking spaces is expected to exisPon the site at all times. (e) Thatthe waiver, under the conditions imposedyif any, will not impede vehicular ingress. fo oregress from adjacent properties upon the public streets in the'immediafe vicinity of the`proposed'use. The proposed project will hot impede vehicular ingress or egress, tiecause the project is not expected to result jn the increased demand for pn-street parking within the vicinity of any driveways or other location in the project vicinity. Sight lines and turning areas for existing driveways at public streets will be unaffected by'parking for the proposed project." FINDINGS: (19) Section 18.06.080 of the parking ordinance sets forth the following findings, which are ''required to be made': before the<parking waivers are'approved by the Commission:'. (a) That the waiver, under the conditions imposed, if any, will not cause fewer bff-street parking spaces to be provided forsuch use: than the number of such spaces necessary to accommodate all vehicles attributable to°such use' under the normal and reasonably foreseeable conditions of operation of such use; and Page 4 .Staff Report to the Planning Commission June 28, 2004 Item No: 4 (b) Thatthe waiver; under the conditions Imposed, if any, will hot increase the demand and competitiorti for parking spaces upon tfte public streets in the immediate vicinity of the proposed use; and (c); Thatthe waiver, under the conditions' imposed; if any, will not increase the tlemand and cdmpetitioh for parking spaces'upon adjacent private property in the immediate vicinity of the proposed use; and {d) That the waiver; under thebonditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and (e) Thatthe waiver; under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the. public streets in the immediate vicinity of the proposed use. Unless conditions to the contraryare expressly imposed upon the granting'of any waiver pursuant to this Section by the Commission; the granting of anysuch waiver shall be deemed dontingent upon operation of sucR use in conformance with the assumptions relating to the operation and intensity of the Use as contained in the parking demand`study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demarid study shall be deemed a violation of the express cpnditions;imposed upon said waiver which shall subject said waiver to terminatiort or modification pursuant to theprovisions of Sections ' 18.03.091 and 18:03.092 of tfiis Code. (20) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following'. conditions exist: (a) That the proposed use is properly ohe for which a conditional use permit is authorized by the Zoning;Code, or that said use is not listed therein'as being a permitted use; '' (b) Thatthe proposed use will not adversely affect the adjoining land uses and the growth and development 8f the area in which iY is proposed to be located; (c) Thatthe size and shape of the site for the proposed use is adequate to allow the full development bf the proposed use in a manner not detrimental to the particular area nd~ to the peace, health;'safety, and general welfare; (d) That the traffic. generated by the proposed use will not impose an undue burden upon the streetsand highways tlesigned'and improved tobarry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any, will nottie detrimental to the peace, health; safety and general welfare of the citizens of the City of Anaheim. '< RECOMMENDATION: (21) Staff recommends that, unless additional or contrary information is received during he meeting, and based upon the evidence submitted to the Commission, including the: - evidence presented in.this staff'report, and oral and written evidence presented at the public hearing, that the Planning Commission approve the waiver pertaining to minimum 'Dumber of parking spaces and Conditional Use Permit No. 2004-04858 (to permifa church within an existing office building). i Page 5 [DRAFT] RESOLUTION NO. PC2004--' A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04858 BE GRANTED . . (520 N. BROOKHURST STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, Gounty of Orange, State of California, described as: PARCEL NO. 2, AS SHOWN ON A MAP FILED IN BOOK 85, PAGES 4 AND 5 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 28, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of alt evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.130 to permit a church within an existing office building with waiver of the following: SECTION NO. 18.06.050.0266 - Minimum number of oarkino spaces AND 18.44.066:050 (138 required; 115 proposed and recommended by the Traffic and Transportation Manager) 2. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and foreseeable conditions of operation of such use. That the parking study indicates that the project would contain a sufficient supply of parking spaces to accommodate the church by utilizing on-site parking spaces and differing peak times than the office uses. The study identified a peak demand of 52 spaces on Thursday and 33 spaces on Sunday, confirming that the existing supply of 115 spaces is adequate for the combined uses on the property. 3. That the waiver, under the conditions imposed, will not increase demand for parking on any streets in the vicinity of the proposed use. That the parking study and the analysis for the project indicate that sufficient off-street parking is provided so that the adjacent public street parking would not be necessary. 4. That the waiver, under the conditions imposed, will not cause any demand for parking on private property in the vicinity. That an adequate supply of parking is provided on :the site and all project related parking is expected to occur on the parcel. CrFPC2004-0 -1- PC2004- 5. That the waiver, under the conditions imposed., will not increase traffic congestion within the off-street parking areas or lots provided for such use. That traffic and parking congestion will not occur because the overall demarid far parking at the site is lower than the amount of parking provided and a surplus of parking spaces is expected to exist on the site at all times. 6. That the waiver, under the conditions imposed, will not impede vehicular ingress or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. That the project is not expected to result in the increased demand for on-street parking within the vicinity of any driveways or other location in the project vicinity. Sight lines and turning areas for existing driveways at public streets will be unaffected by parking far the proposed project. 7. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. 8. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located as the operational characteristics of the church are complementary to adjacent land uses. 9. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 10. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 11. That the granting of the conditional use permit under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of tihe City of Anaheim. That `** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition tc the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed tha proposal to permita church within an existing office building with waiver of minimum number of parking spaces and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found tc be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That no outdoor special events shall be permitted in connection with the church. That trash storage areas shall be refurbished to comply with approved plans on file with the Public Works Department and that trash enclosure gates shall be added to the existing enclosure. Said information shall be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Divisions approval. -2- PC2004- 3. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be -- developed and maintained in conformance with said plans. 4. That the hours of operation shall be limited to Sunday from 9 a.m. to 10 p:m. and Monday through Saturday from 7:00 p.m. to 9:00 p.m. as stipulated by the petitioner. All church activities shall end before 10 p.m., except on special church holidays. 5. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 6. That the proposal shall comply with all signing requirements of the CL (BCC) Zone unless a variance allowing a sign waiver is approved by the Planning Commission. Any new signage shall be submitted to the Zoning Division for review and approval. Any staff decision regarding said signage may be appealed to the Planning Commission as a "Reports and Recommendations" item. 7. That no bells audible from the exterior of the building shall be permitted. 8. That a special event permit maybe issue for banners only. 9. That if the number of congregates exceeds the :number specified in this report, the petitioner shall then submit an updated parking study to the Traffic and Transportation Manager for review and approval, .prior to review and approval by the Planning Commission at a noticed public hearing. 10. That gates may not be installed across any driveway that may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 11. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 12. That no unscreened roof-mounted equipment shall be permitted. 13. That there shall be no accessory day care facilities or private schools permitted on this property. 14. That a landscape plan shall be submitted to the Zoning Division for review and approval. Said plan shall incorporate one (1) tree per twenty (20) feet of street frontage for a total of thirteen (13) trees on Brookhurst Street and twelve (12) trees on Valley Street. All trees shall be minimum 24-inch box in size and planted and maintained in a healthy manner. 15. That 4-foot high address number shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent and nearby properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 16. That only the assembly area shown on approved exhibits shall be utilized as church assembly area. 17. That aBurglary/Robbery Alarm permit application, Form APD-516 and an Emergency Listing Card Form APD-281 shall be completed and returned to the Police Department. 18. That subject property shall be developed substantially in accordance with plans and specifications submitted to the Ciry of Anaheim by the petitioner and which plans are on file with the Planning pepartment marked Exhibit Nos. 1 through 3, and as conditioned herein. _g_ PC2004- 19. That prior to the commencement of the activity authorized 6y this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 14, 15, 17 and 18 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may` be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 20. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regu ations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance., regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 26, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "'Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Ciry Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 28, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS; ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of ,2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004- ITEM N0. 5 T-CUP 2002-04577 ~ CUP 3461 1 DL a, T-CUP 2001-04344 PARKP G LOT p ~ CUP 2469 MOTEL & RESTAURANT a o BROOKHURST COMMERCIAL CORRIDOR a RCL 98-99-11 g _I RCL 57-5&35 Q O 1 CUP 3267 ,..... U U 1 UP 3159 I MEDICAL OFFICES STONYBROOK DR i CL RCL 98-99-11 I RCL 5859-171 J OFFICE BLDG ORANGE COUNTY LIMITS INAHEIi CITY i1MITS~ CL RCL 98-99-17 ~ VAR 1916 RCL 58-59-34 tl.l RCL 57-58-26 tLl CUP 3145 CL COCKTAIL SOUNGE ~ RCL 98-99-11 COLCHESTER DR ~ RcLSI-se•fis r 120 CL RCL 62-63-113 0; IL- - < ~ RCL 98-9&11 ~ RCL 54-55-7 ~ '" RCL 5&58-34 ~ CUP 2317 r '. RCL 57-58-26 ~ CUP 2161 ~ Y x x ~ CUP 3066 = CUP 1977 O ~ ~~,~. d~~e„~ GOOOYE = BALLHUR57 PLAZA C) '~"'~ ~ ,. R'~~rv~ ~ SHOPPING CENTER Q I I _ Ym ~ , U~~`r~'» RCL 98`99-11 O p ~RM-1200 ~~ Z UUUUU RCL 58-59-34 ~ W APARTMENTS --® p '`Z ~~~ RClL1P 29612fi m ~ U ~;?; ~ APARTMENTS CUP 1354 BROOKMORE AV O { .4 r"r ~ r"; Ip- VAN000VERDRIVE rc ~ ~~~ cuais2o ~' ~ 7 I VAR 1494 ! m RCL 98 99-11 Z ~ i lye CL m4Om'~~ RCL 63-64-108 ~ I RCL 98-99-11 . O4'¢a RCL 62.63-113 p I I ICI RCL 57.58-26 om=yam BANK ~ ~ O I RM-3000 I C I CUP 2 0 04 04 861 ~~ °> m j0~ RCL 78-79-05 1~~ CUP 3649 a~ I z l RCL 54-55-00 l01 CUP 1662 ° cL I CUP 982 ICI (VAR 1323 RCL Se-5x-77 CUP 1220 I m I (CUP 2284) RCL sa-55-7 ~~ 60 D.U. CONDO 17,E (cuP 15631 suawav I I I o l SHOPS SANDWICH SHOP I I I I CL cL I I I RCL 9&99-77 -----~ I`------------'~ I----- cuP3seo Rc.Sq-55-7 CUP 2003-04768 RESrnuRANr ®~ BROOKHURST COMMERCIAL CORRIDOR RcL sa5s11 cuP 1444 CL CL RCL 5455.7 VACANT VAR 2005 I cL I VAR 1211 S - cL UP 2003-04768 RCL 98-99-11 BROOKHURST SHOPPING RCL 9&99.11 "DST OFFICE CENTER ROL Sa55-7 RCL 54-55-40 T-IXIP 15 9 2 414 31 4 CUP 2003-04766 RVAR 1094-94515 CUP 2002-04579 ,..'~noc~~,~ Conditional Use Permit No. 2004-04861 Ys_',.~ Subject Property Date: June 28, 2004 Scale: 1" = 200' Requested By: 2230 WEST COLCHESTER, A CALP Q.S. ND. 34 REQUEST TO PERMIT AND RETAIN TWO EXISTING CHURCHES, A NARCOTICS ANONYMOUS MEETING HALL, AND TO ESTABLISH LAND USE CONFORMITY WITH THE CITY'S ZONING CODE REQUIREMENTS FOR AN EXISTING NON-CONFORMING COMMERCIAL RETAIL CENTER WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 2230 West Colchester Drive 1a6a(2ao4-6-z21 RM- 200 RCL 58 -59-34 RCL 57-58-26 w APARTMENTS I I ~ Fi f ? ~ t ~` ,~ + ~ ~~.."-v~:~"as~ 1 ¥. ~ ~ ~' k ~ 8 _, § ~ t s~ ~ ~~ I ~~ ~ ~ ~ ~~ ~ "a ~ ~ ~' ~i ' ~ ~ a ~ ~ ° ;y -r"'~~.~"-"" { ~~ Spy, d f n`F~ J 1 t° 1 1, t o t {, (~~t{ ,' / N'' g ~ Y .?~wo-v ~ '' S rya ~ __ %,~ r rt " ~ Itl 1 ~ ' ~~ ~ °~ ~6 'VANCOUVER DR ~ ~~~ ~ ~~~ ~~~ ,; . -~ 1 e K~ i. ~~ ~~ ~ 1t~~ f ~ cs. ~ x.~ `pb s to ~" "`~" r '. ~ s a ^' '0.~ 7 y'y '. .;4` ~' ~~'ug.~~?~~ ~ ,~(z YF ,ga.ID¢ &~~€ / c?-n 'gym yr' yy~. t ~ ~ P ~ 3"z ye- ,~y '~ ~ . j ~` ~u ~~~~ FnYLc"~s3~~ M ~ ,n (~ ~ S l ~, r+.;~ ~ ~ ~ 6` fv*y~ Z r~ .ate... ~~~ ~, ~ m ~ ~~ z _. ~ ~ ! ~ ~k ai ~ y.y ~ ~ ~ ~ '~ ~, ~, , - ~ ~, a r ~ f e {~ ~ Frz7 ~ .. ~J ;'~ ~r -sR , , , f5: n. } ~ r ~'~ ,~, m ~ ~ x ~ ~~jj r ~ ~ ~, , ~Y ~ ~5 K ~~` ~ i.$ £f4 f -F+- F .F. ii~ y C. y y ~^y d } y y y E 4 vW' i. 9 s Yv'r~ a / ,r , e q P . :~ ~?~' ~, F~`r i~ --f -gin ~~, ^~ 5...~ u ..,~~ .-... y t s . ~ iz;I "s~," ~ .~¢,. r '`.mot,.. '` '. -"yiw+ ~. '~ ,~,." t ` ~ t~ i z @ ~ £ ~ DOVECOTE LN '~` w .~.~-"~ ~' r ' ' `. - 3= z ~ `rt ° '~ 4 s ~ y < E ~ ~ ' ~. ~ ~. ~ h ~ ~ ~ r~• 5 ' „ ^~ ~ e~ ~'~ar„ pysX~ xs xs e ,` r ~. ~ .r o , _ '~ a ~i~/.„ _z ?- ,w 1 t ITEM N0.5 Staff Report to the Planning Commission .'June 28,:2004 Item No: 5 5a. CEQANEGATIVE`DECLARATION :(Motion) '; 5b. 'WAIVER OF CODE REQUIREMENT (Motion) 5c. CONDITIONAL'USE PERMIT N0.2004-04861 i(Resolution) SITE LOCATION AND DESCRIPTION: _ ` (1) This irregularly-shaped 0.87-acre property is located at the southeast corner of Colchester Drive and Colony Street, having frontages of 120 feet on the south side'cf Colchester Drive and 321 feetbn the east side of Colony Street (2230 West Colchester Drive). REQUEST: (2) The petitioner requests',approval of a Conditional Use Permit under authority of Code Sections 18:03.030, 18.44.050.130, 18.44.450.135, and 18.44.050,260 to permit and Yetain twd existing churches, a narcotics anonymous meeting hall, and to establisfi land use conformitywith the City's zoning, code requirements for an existing non-conforming commercial retail center with waiver of the following: SECTIONS 98.06.050:0262 Minimum number of parking spaces. 18.06.50.266 AND 18.44.066.050: , 213 required; 64 existing and;proposed and i recommended by the Traffic and Transportation Manager): 'BACKGROUND: { (3) Th(s property; is developed with ah existing commercial retail center, is zoned CL (BCCO) (Commercial;. Limited - Brookhurst Commercial Corridor Overlay) and is located within the West Anaheim Commercial Corridors Redevelopment Project Area (WACCRPA). The Anaheim General Plan Land Use Element Map designates this property and all surrounding properties for' Medium bensity Residential land uses. PREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this property: Conditional Use Permit No. 3649 (to permit a 2,609 square foot church within an existing commercial retail center with waiver of minimum number of parking spaces) was approved. by the Planning Commission on December 13, 1993, for a period of twoyears. This permit expired and was never reinstated. Conditional Use Permit No. 1662 (to permit on-sale liquor in a lodge) was approved by the 1 Planning! Commission on November 8, 1976. . Variance No. 1323 (to sell alcoholic beverages to be consumed on the premises) was granted 6y the Planning Commission on`January 16, 1961,and then terminated by the Planning;Commission on December 16, ,1991. On February 4, 1992, the City Council reversed'the termination, by approving a modified?equest foCSale of beer and wine in conjunction with a restaurant,'subject to four (4) conditions imposed and stipulated to by I the owner, with review required on August 5, 1992;: On March 3, 1992;'the City Council denied a,'request for rehearing. On June 18, 1992; an Orange County Superior Court r Order reinstated subject variance without a termination date and required adoption and completion of certain conditions (Barbary Coast). ;The plaintiff in the case is Frarceska Honigmann, doing business as the Barbary Coasf Cabaret, Case No. 68-64-89 filed in Orange County Superior Court May 2;.1992. Sr51001r Page 1 Staff Report to the Plannrig Commission June 28; 2004 Item No. 5 DEVELOPMENT PROPOSAL: (5) This application is the result of a Code Enforcement investigation based upon a request for service pertaining to a thrift store operating as a Tv/elve-Step:Recovery Program, the overall condition of the property, vagrancy, and smoking within the btiiliiing. Upon responding to the'. 'request for service, staff identified a numtier of code violations pertaining to the property, including, tiut not limited to, the following: Two (2) unpei•mitted churches • An'unpermitted narcotics anonymous meeting hall • Am unpermitted comedy club (operating as part of the meeting hall) • An unpermitted storage'unit • Trash, refuse; and discarded furniture along the rear of the building. (6) The petitioner is requesting approval of a conditional use permit to permit and retain two existing churches, a narcotics anonymous'meeting hall, and to establish land use conformity with the City's zoning'code requirements for an existing non-conforming'11,979 square foot < commercial retail. center. (7) The site plan (Exhibit No. 1) indicates the commercial. center consists of seven (5} businesses within sixteen (16) tenant spaces located ih two (2) buildings oh he property. There'are two small landscaped areas and a trash enclosure within the parking lot. The Victory Outreach Church occupies Suites 1-5, The Orange County Recovery Certter occupies Suites 6-B, and the Ministerio Impacto Nuevo Church occupies Suites 13, 14, and 16. (8) Vehicular access is provided via an alley along the west side of the property, which is accessed from Colchester Drive: Site access is also obtained from the Ralph's shopping center parking lot to the south. Plans indicate a total of 64 existing on-siteparking'spaces for this property. Code requires'213 spaces based the following: Use ';Square Code Parking Requirement ' Spaces '.:Peet Re wired Victory Outreach Church 2,360 29 spaces per 1,000 square feet 69 (Suites 1-5) '' of assembly area or 0.333 space per fined seat whichever is greater Office 800 4 s aces er 1,000 s ware feet 3 Otange County Recovery Centers 1,680 29 spaces per 1,000 square'feet 49 (Suites 6-8) '' of assembly area or 0.333 space per fined seat whichever is greater Office 400 4 s aces er 1,000's ware feet 2 Barber Salon 780 S.5 paces pert;000 square feet 4 Sultes 9 ELEncanto Bar 2,460 17 spaces per 1,000 square feet 42 Sultes 10-12 Mihisterio Impacto Nuevo. 1,154 29 spaces per 1,Op0 square feet 35 (Suites 13, 14, 16) of assembly area or 0.333 space ` per fixed seat whichever is greater Office 892 q `Classroom 563 4 s aces er 1,000!s ware feet Storage (vacant) 890 5.5 spaces per'1;000 square feet 5 Suite 15 TOTAL 11,979 213 Note: Code does not require any parking for the accessory Sunday school classrpoms. ;Accessory'uses (e:g., multi- puryose room)do not requlreadditional parking p~dvided such areasare not used concurteritly wltti the sanctuary. Page 2 Staff Report to the Planning Commission June 28; 2004 Item No 5 area and/orvehicularaccessways be distributed throughout the parking area and an average bf forty-eight (48) square feet ofplanter area provided per required tree, with a minimum :planter dimension of five (5) feet; and no more than `ten (10) parking spaces shall be adjacent. to each other in a row without being separated by laridscape area with a minimum width of five (5) feet' (25,923 square feet'/ 3000 square feet = 9 trees with associated planter areas). _ (14) The submitted letter of operation and parking study for the Victory Outreach Church indicates the church's a Spanish ministry providing marriage ahd family,counseling; as well as drug dependency support.'The hours of operation are as follows: Sunday 10 am- 12 pm 60 people in attendance Sunday 7pm- 9 pm; 60 people in attendance Wednesday 7 pm- 9 pm'< 20 people in attendance Thursday 7 pm- 9 pm 20 people in attendance Friday 7pm- 9 pm ` 60 people in attendance Staff has observed few office personnel oh site during weekdays. (15) The submitted letter of operation and parking study for the Orange County. Recovery Center indicates the thrift store sells Twelve-Step :Recovery material antl holds meetings fdr members of the community whoiare actively involvedlin the Twelve-Step Recovery'process. The letter further indicates meetings are held seven (7) days a week from'12 pm to 1:30 pm, and every Wednesday evening from 7:30 pm to 9 pm. Staff conducted research ori'the Internet and identified'thatsdditional meetings are held every evening from 7:30 pm'to 9 pm and Wednesdays from 5:30 pm to 7 pm. Staff further discovered the operator of the recovery:.. center is holding a "Comedy CIu6" on Fridays at 9 pm (see attached web pages). This aspect:. of the operation was not included as part of this application and was not analyzed as part of the parking study. (16) The submitted letter of operation and parking study for the Ministerio Impacto Nuevo indicates' !services are held as follows: Sunday: 10:30 am- 12:30.pm 40 people in attendance I Sunday:'. 7 pm- 9 pm ; 25 people in attendance Tuesday ~ 7:30 pm- 9 pm 20 people in attendance Thursday 7:30 pm - 9'pm 17 people in attendance ENVIRONMENTAL IMPACT ANALYSIS: (17) Staff has reviewed the proposal and the Initial Study (a copy of which is available foY review in the Planning Department) and finds no significant erivironmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaration deflects the independent judgment of the ead agency; and that it has considered the proposed Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is'ho substantial evidence thatthe project will have a;significant effect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (18) The proposed project has been reviewed by affected City departments to determinewhether it conforms with the City's Growth Management Element adopted by the City Council on March 17, 1992. Based on City staff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been pertormed. Page 4 Staff Report to the Planning Oommission June 26, 2004 Item No. 5> '.EVALUATION: (19) Commercial retail centers, churches, and private clubs, lodges, acrd meeting halls are permitted within the CL (BCC) Overlay Zone"subject to approval of a conditional use permit. (20) The requested waiver pertains to minimum number of parking spaces. Code regwres a _ minimum of 213 parking: spaces for the commercial retail center, including the two (2) churches and the recovery center meeting hall and plans indicate'64 proposed spacesas described in paragraph'no. (10) of his report:: The petitioner has ubmitted two parking analyses prepared by Traffic Safety Engineers, Inc., dated March :15 and April 12, 2004, to substantiate the requested parking waiver. The City Traffic and Transportation Manager has reviewed the parking analysis and has determined that the proposed parking areas referenced in the parking study are sufficienYfor the churches, meeting hall, and commercial uses on theproperry, .Based on the parking study, the parking demand at peak use is 70% of tfie parking available on site for the commercial retail center and the churches and meeting hall: Staff has also conducted site: inspections at various times and days throughout the week (Tuesday and Wednesday mornings and afternoon, Thursday, Friday, and Saturday evenings, and Sunday mornings).;: Based on staffs inspections, the parking demand at peak use is 65% of available parking during the week and 95% of available parking' during the weekend; The City Traffic and Transportation Manager hasteviewed this study and has determined that the actual supply; of 64 spaces on the property is; adequate for the commercial retail center, including the two (2) churches and. the recovery center meeting hall. Based upon the City Traffic and Transportation Manager's analysis and recommendation, staff recommends approval of this waiver posed on the following findings:'.: "(a) That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces fo be provided for such use than the number of such'spaces necessary tc accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation: of such use. The parking study indicates that peakparking demand forbff-street parking spaces is substantially lower than the: quantity.provided for the two: (2) churches, the meeting hall, and other pommercial enants. (b} That the waiver,'underthe ponditionsimposed, if any, will not increase the demand .and competition for parking spaces. upon the public streets in the immediate vfcinfty of ' the proposed use. The proposed project will not increase or compete for on-street parking because the parking lot has more than adequate parking to accommodate for both churches, the meeting hail, and other commercial tenants. Parking counts indicate 30% of do-site parking is vacant during peak hours. (c) That the waiver,` under the conditions imposed, if any, wilfnot increase the demand for ' parking spaces upon adjacent private propertyin the immediate vicinity of the proposed use. The parking study indicates the property parking area is sufficient to accommodate the demand of parking generated by these three assembly uses and therefore would not increase the demand for parking spaces upomadjacent private property in the- immediate vicinity of the site. (d) That the waiver, under the: conditions imposed,: if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use. °Page 5 Staff Report to the`. Planning Commission June 28; 2004 Item No 5 The<project will not cause increased traffic congestion within off-street parking areas of the site because on-site parking is'dnly 70% occupied during peak`parking demand periods. (e) That fhe waiver, under fhe conditions imposed, if any, will not impede vehicular ingress: to or egress from adjacent properties upon the public streets in the' immediate vicinity of the proposed use. Theproject site parking area has a total of three (3) access outlets: Peak traffic demands occur on Suntlays and weeknights only. No impeding of,traffic access into or out of the atljacent parking lots was observed during parking demand surveys of thee' project parking: IoC' (21) As indicated in the attached memorandum from the Code Enforcement bivision dated June 18, 2004,'this application is the result'of a citizen request in early '2002, regarding the! evolution of an existing thrift store into a 12-Step Recovery Program, the overall condition of the property, the type of persons congregating at the center,; and concerns about smoking':: inside the building. Throughout 2002, the Code Enforcement Division continued`to receive' numerous citizens' requests for`service relating to the use of the center Requests for service` pertained to nuisance violationsand the need for an;entertainment permit. Although most of the violations were abated, violations pertaining to the overall maintenance of the; property,y and activities being 'conducted' at the center, continued. ::Since early 2002, 'the Codel Enforcement Division and the Zoning Division have.had several meetings with the property] owner and/or his attorney, conducted several site inspections, and ::have meF with the' operators of both churches and the meeting hall in an effort to gain compliance with regard to both land use and property maintenance issues associated with'ahe property. The latest effort' has resulted In this application request. On June 16, 2004,,tfe CodesEhforcement Division- inspected the property and observed certain outstanding code violations iincluding;discarded furniture and refuse in the parking area and at the rear of the'property facing Colony Streets chain link fencing, and' unpermitted interior and exterior improvements to the building. (22) Due to the extensive code enforcement history pertaining to this property, staff has included several conditions of `approval to address the operational Characteristics'of the churches and? recovery hall, building';and safety concerns:; as well as property,maintenance issues related to the overall commercial center ..Staff has included standard conditions ofapproval limiting the flours of operation to those stipulated in each letter'of operation. Due to the proximity of the% site to residential uses, staff has included a condition'of approval requiring. the "Comedy Club"> within the recovery hall operation to be eliminated. (23) The two (2);buildings located on;the property have undergone a significant amount`of interior tenant improvements without proper review and approval by the Building and Safety Division` These commercial tenant spaces have been converted into assembly areas and have note: tieen evaluated for conformance to the building code related to occupancy and exitingS requirements. Because these modifications to the building may compromise the' afety of` members of the churches and meeting hall, staff'. has included a condition of approvaG requiring that each operator antl/or the property owner submitjplans and obtain appropriate' bu(Iding permits for all outstanding tenant improvements within sixty:: (60) days of this': 'approval (24) As identified above, the Ministerio Impacto Nuevo Church is expanding into Suite 15 without the benefiPof appropriate approvals. Staff has attempted to make contact with the church, but has been unable to get a response from a`representative of the'church drthe property owner No plans have been `submitted reflecting this modification/expansion to their church operation.' As indicated in the memorandum from the Code Enforcement Division; the church is now S tillled for utilities in this tenank space. If this space is to be utilized for assembly area, the Page 6 Staff Report to the Planning Cpmmissidn June 28,.2004 Item No. 5 (e) That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to ofegress from' adjacent properties upon the public streets in the immediate vicinity of the proposed use:' Unless conditions to the contraryare expressly imposed upon the granting bf any waiver pursuant to this Section by the Planning Commission or City Council, the granting of any _ such waiver`shall be deemed contingent upon operation of such use in cdnformance With the assumptions relating to the operation and intensity of the use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating; intensifying'or othervvise deviating. from anyof said assumptions as contained in the parking demand study shallbe deemed a viplatidn of the ezp~ess conditions imposed upon said waiver which shall subject said waiver to termination or modification pursuant to the provisions of Sectidns 18A3.091 and 16.03.092 of this Code: (29) Before the Commission grants any conditiohal use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by theZoning Code, or that said use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoininj3Jand uses and the growth ' and development`bf the area'in whichit is proposed to be Ideated; (c) That the size and shape of the site far the proposed use is adequate to allow the full development of the proposed use In a manner not detrimental to theparticular area nor to the'peace, health, safety and general welfare; ' (d) That the traffic generated bythe proposed use will not impose an undue burden upon the streets and highways designed arid'improved to carry he traffic in"the area; and (e) That the granting of the conditional use: permit under the conditions imposed, if any, will not tie detrimental to the peace, healttr; safety and general welfare df the citizens of the City of`Anaheim. RECOMMENDATION: (30) Staff recommends that, unless additional or contrary information is received during the hearing, ' and' based upon the evidence submitted to ttie Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commission`aporove t11e petitionePs requestby adopting the attached resolution including the findings contained therein. page 9 [DRAFT] RESOLUTION NO.'PC2004--* A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04861 BE GRANTED {2230 WEST COLCHESTER DRIVE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 1, 2, 3 AND 4 OF TRACT NO. 2701, AS PER MAP RECORDED IN BOOK 115, PAGES 5 AND 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 28, 2004 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.03.030, 18.44.050.130, 18.44.050.135, and 18.44.050260 to permit and retain two existing churches, a narcotics anonymous meeting hall, and to establish land use conformity with the City's zoning code requirements for an existing non-conforming commercial retail center with waiver of the following: SECTIONS 18.06.050.0262 Minimum number of parking spaces. 18.06.050.0266 AND 18.44.066.050 (213 required; 64 existing and proposed and recommended by the Traffic and Transportation Manager) 2. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. The parking study indicates that peak parking demand for off-street parking spaces is substantially lower than the quantity provided for the two (2) churches, the meeting hall, and other commercial tenants. 3. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. The proposed project will not increase or compete for on-street parking'becausethe parking lot has more than adequate parking to accommodate for both churches, the meeting hall, and other commercial tenants. Parking counts indicate 30% of on-site parking is vacant during peak hours. 4. That the waiver, under the conditions imposed, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. Cr\PC2004-0 -1- PC2004- The parking study indicates the property parking area is sufficient to accommodate the demand of parking generated by these three assembly uses and therefore would not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the site. 5. That the waiver, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use. The project will not cause increased traffic congestion within off-street parking areas of the site because on-site parking is only 70% occupied during peak parking demand periods. 6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The project site parking area has a total of three (3) access outlets. Peak traffic demands occur on Sundays and weeknights only. No impeding of traffic access into or out of the adjacent parking lots was observed during parking demand surveys of the project parking lot. 7. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use. 8. That the proposed use as conditioned herein will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 10. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 11. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to :the peace, health, safety and general welfare of the citizens of the City of Anaheim. 12. That "` indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit and retain two existing churches, a narcotics anonymous meeting hall, and to establish land use conformity with the City's zoning code requirements for an existing non-conforming commercial retail center with waiver of minimum number of parking spaces and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: -2- PC2004- Churches and Meeting Hall 1. That this permit approving two (2) churches and a narcotics anonymous recovery meeting. hall shall expire an June 28, 2005. 2. That the hours of operation for the Victory Outreach Church shall be limited to the following, as stipulated in the petitioner's letter of operation: Sunday 10 am- 12 pm 60 people in attendance Sunday 7 pm- 9 pm 60 people in attendance Wednesday 7 pm- 9 pm 20 people in attendance Thursday 7 pm- 9 pm 20 people in attendance Friday 7 pm- 9 pm 60 people in attendance 3. That the hours of operation for the Ministerio Impacto Nuevo Church shall be limited to the following, as stipulated in the petitioner's letter of operation: Sunday 10:30 am- 12:30 pm 40 people in attendance Sunday 7 pm- 9 pm 25 people in attendance Tuesday 7:30 pm- 9 pm 20 people in attendance Thursday 7:30 pm - 9 pm 17 people in attendance 4. That the hours of operation for the Orange County Recovery Center shall be limited to seven (7) days a week from 12 pm to 1:30 pm, and from 7:30 pm to 9 pm, with one additional meeting on Wednesdays from 5:30 pm to 7 pm. 5. That the "Comedy Club" activity associated with the Orange County Recovery Center shall be discontinued. 6. That no portable signage shall be utilized to advertise any of the uses located on the site, 7. That no outdoor events shall be permitted. 8. That the only accessory school activity shall be Sunday school and this facility shall not be used as a private daycare, nursery, elementary, junior andlor senior high school. 9. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions andlor conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions andlor conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 10. That a licensed architect and/or engineer shall analyze the existing building conditions and applicable codes for the proposed facility to ensure compliance with applicable Building and Safety Code requirements (i.e. exiting requirements, occupancy load) as required by the Building Division. Plans shall be submitted to the Building Division for review and approval and applicable permits obtained for all unpermitted alterations. Commercial Retail Center 11. That there shall be no outdoor storage on site at any time. -3- PC2004- 12. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. 13. That no video, electronic or other amusement devices shall be permitted on the premises. 14. That all public phones shall be located inside the building. 15. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick- up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 16. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 17. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 18. That no outdoor vending machines shall be permitted on the property. 19. That 4-foot-high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 20. That there shall be no outdoor storage permitted on the premises. 21. That roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone. Said information shall be specifically shown on plans submitted for building permits. 22. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 23. That the number of tenant spaces for this commercial center shall be six (6). Said information shall be specifically shown on plans submitted for building permits. 24. That final landscape plans shall be submitted to the Zoning Division of the Planning Department for review and approval including the following: a Plans shall reflect the incorporation of two (2) twenty-four inch box evergreen trees within the existing landscaped setback area adjacent to Colchester Drive. e Plans shall reflect the incorporation of two (2) twenty-four inch box evergreen trees within the existing landscaped planters within the parking lot (one tree within each landscaped finger). Any decision made by staff regarding said final landscape plans maybe appealed to the Planning Commission as a "Reports and Recommendations" item. 25. That the chain link fencing along Cplony Street shall be removed. Said information shall be specifically shown on plans submitted for building permits. 26. That all trash, refuse, discarded furniture and other items stored at the rear of the building (fronting Colony Street), sha(I be :removed and at no such time shall this area be utilized for storage of any such items. -4- PC2004- 27. That no required parking area should be fenced in or otherwise enclosed for cutdoor storage uses. 28. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. - °- - 3649 (to permit a 2;609 square foot church within an existing commercial retail center with waiver of minimum number of parking spaces) and Conditional Use Permit No. 1662 (to permit on-sale. liquor in a lodge) to the Zoning Division. 29. That the property owner shall pay the costs of Code Enforcement inspections once each month for the first six (6) months from the date of this resolution, and as often as necessary thereafter until the subject property is brought into compliance, or as deemed necessary by the City's Code Enforcement Division to gain and/or maintain compliance with State and local statutes, ordinances, laws or regulations. 30. That the property owner shall file an Emergency Listing Card; Form APD-281, with the Police Department, available at the Police Department front counter. 31. That subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3 and 4 and as conditioned herein. 32. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 10, 19, 21, 24, 25, 26 and 28, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 33. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and ail of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 28, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a Ciry Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5_ PC2004- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planriing Commission held on June 28, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, t have hereunto set my hand this day of .2004, SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -8- PC2004- ATTACHMENT - ITEM N0. 5 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: JUNE 18, 2004 TO: JOHN RAMIlZEZ, PLANNER FROM: LINDA C. EAVES, SENIOR CODE ENFORCEMENT OFFICER SUBJECT: CODE ENFORCEMENT HISTORY AT 2230 W. COLCHESTER DRfVE The subject property, formerly addressed as 821 S. Brookhurst, was originally zoned R-3, Multiple Family Residential, but Reclassified to C-1, Neighborhood Commercial in 1959. The center was constructed in 1960, and consists of two, single-story buildings, each containing 8 units, sepazated by a corridor containing the electrical meters. The rear of the building fronts onto Colony Street and has a lazge open area mm~ing the length of the building, enclosed by a block wall .and chain link fence combination. Since the Reclassification, there have been Zoning actions on the property. The only remaining CUP #1662, granted in November 19'76, permits on sale liquor in a Lodge, and Variance 1323 for the sale of beer and wine in conjunction with a restaurant. A church was previously permitted in 1993, CUP #3649, which expired in December 1995. Review of Code Enforcement records indicates an extensive history of involvement at the property dating back to 1984. Numerous requests for service involved: nuisance violations i.e. refuse and waste, inoperative vehicles, discazded furniture, landscape maintenance, graffiti; sign code violations; alterations to the interior premises without first obtaining building permits; persons living in a commercial space; persons living in a camper in the parking lot; vagrants drinking alcoholic beverages, sleeping, urinating and defecating at the rear of the center; and amusement device and entertainment permit requirements. The current Code Enforcement case was generated from a citizen's request for service in early 2002. The citizen was concerned about the evolution of an existing thrift store into a 12-Step Recovery Program, the overall condition of the property, the type of persons congregating at the center, and concerns about smoking inside the building. Throughout 2002, Code Enforcement continued to receive numerous citizens' requests for service relating to the use of the center, Requests for service involving nuisance violations and the need for an entertainment permit were investigated, appropriate notices issued, and the violations abated. Violations pertaining to the overall maintenance, and activities being conducted at the center, continued. M763LE.DOC CODE ENFORCEMENT HISTORY AT 2230 W. COLCHESTER DR. PAGE 2 OF 4 On June 10, 2002, a Final Notice of Violation and Order to Comply letter was sent to the property owner, Mr. Chris Dimggiero, outlining the various actions that would be required to bring the property into compliance (i.e. resurface parking lot, repair broken concrete bumpers, enhance existing landscape, site screen roof mounted air conditioning, replace broken, unsight]y exterior lighting, and replacement of missing sign panels in existing signage). In August, a re- inspection revealed that only the issues pertaining to the parking lot had been abated. Due to the lack of progress in bringing the property into compliance, a request for an office conference was generated on August 7, 2002. It is in this memo there is mention of a church operating in the center without a valid CUP. The office conference was held on September 12, 2002. Code Enforcement, the Deputy City Attorney, the property owner, Mr. Chris Diruggiero, and his attorney, Mr. Curd, were in attendance. At that time, the violations noted in the June 10, 2002 letter were discussed, as was the need for both the church .and the Orange County Recovery Center, to apply for and obtain a CUP for operation, as required in the Anaheim Municipal Code. The owner was given 60 days to bring the property into compliance. On October 22, 2002, the attorney submitted a letter outlining that all of the violations in the June 20021etter had been abated. On November 20, 2002 afollow-up inspection was completed. The inspection confinned the prior violations noted in the June letter had been abated; however, new violations were observed: The church and Orange County Recovery Center were still in operation. On November 25; 2002, a Notice of Violation .and Order to Comply letter was sent to Chris DiRuggiero, outlining the additional violations observed at the property, and reiterating a CUP would be necessary for the two unpermitted uses or they would need to cease operation. In a letter to Code Enforcement, dated December 4, 2002, the property owner's attorney noted that his client would take care of the property maintenance issues; however, he did not have control over the tenants, but wanted to cooperate with the City. Mr. Diruggierio had advised the tenants to take any necessary actions regazding the CUP process and to deal with the City directly. At this time, there was only one church (Ministerio Impacto Nuevo Alcance Victoria) and the Orange County Orange County Recovery Center at the properly. In December 2002 and January 2003, persons responsible for the church (Pre-File #2002-00152) .and the Orange County Recovery Center (Pre-File #2003-0005) respectively, came into the Planning Division and submitted Pre-File applications. At that time, it was also determined the owner of the property would also require a CUP, as his center met the definition of a Commercial Retail Center {Section 18.01.040), with 3 or more commercial uses operating in the center. Pre-File comments also addressed other issues: prohibition of chain link fencing at the reaz, site screening of roof mounted equipment, landscape requirements, and parking issues. M763LE.DOC CODE ENFORCEMENT HISTORY AT 2230 W. COLCHESTER DR. PAGE 3 OF 4 Throughout 2003, Chris Powell, operator of the Orange County Recovery Center, when asked by Code Enforcement about the processing of the paperwork for the CUP, indicated he was waiting for the owner to complete the remaining items. This was confirmed in a conversation on April 16, 2003, with the property owner, who stated "had his guy working on it". The owner continued to assert that he did not have to obtain a CUP for operation of the center. In April 2003, Code Enforcement, during an inspection, determined that there was an additional unpennitted use in Unit #15. The unit was being used for off-site storage for a hair products vendor operating at the Orange County Swap Meet. A check of City of Anaheim Utility records indicated the tenant had been at the site since 1989. In July 2003, I inspected the property and observed graffiti on the south side of the building. Signs above the units indicated there were now three unpermitted churches (Victory Outreach [Units #1-4], Iglesia Ministerio hnpacto Nuevo [Units #13 & 14], and Igreja Brasileira de Anaheim Cultos [Unit #16]), and the Orange County Recovery Center operating at the location. As viewed from the front windows, it appeazed that tenant improvements (doors cut though common walls) had been completed in Units #6-8, and other tenant improvements were being completed in Unit #5. This confirmed Chris Powell's eazlier statements that he was planning on downsizing the Orange County Recovery Center from 5 to 3 units. A check of Planning Division records indicated permits had not been obtained for the interior tenant improvements, and additional CUP application materials had not been submitted to the City. Additional violations, that had not been previously addressed, involved an abandoned freestanding sign fronting W. Colchester, and an abandoned sign over Units #10-12, both for the Barbary Coast Cabaret. According to City of Anaheim records, the Bazbary Coast last operated in 2000. In October 2003, I inspected the property and found the center operating with the same uses noted in my previous inspection in July 2003. The appearance of the center had improved. The landscaping throughout was well maintained and the parking. azea had been re-slurried and striped, and the trash enclosure had been refurbished. The graffiti on the south side of the building, first observed in July, remained. Throughout the remainder of 2003 .and eazly 2004, City staff maintained contact with the property owner's attorney, through written conespondence and one meeting with the Planning Director, Sheri Vander Dussen, and Selma Mann, Deputy City Attorney, in Decembet 2003. The content of these communications were aimed at overcoming objections to filing of the necessary CUP's to bring the center into land use conformity. Code Enforcement received a call from a concerned citizen in February 2004 about the expansion of the center to include a comedy club. It was reported that there were in excess of 90 attendees during one weekend event. The noise associated with the event and the parking problems for surrounding residents were reported to be quite disturbing. M763LE.DOC CODE ENFORCEMENT HISTORY AT 2230 W. COLCHESTER DR. PAGE 4 OF 4 _ On June 16, 2004, Code Enforcement inspected the property and observed the landscaping in the front of the center adequately maintained; the previously abandoned signs from the Barbary Coast had been replaced with ones reflecting the new baz, "EI Encanto"; .and the parking lot was clean, as was the trash enclosure area. There was a shopping cart filled with trash at the most northeast corner of the property and one of the fluorescent light covers in front of the baz was missing. The comdor between the buildings had minor litter. The reaz of the property, fronting onto Colony St., was not adequately maintained. The azea between the rear access doors and the block wall, topped with chain link fencing, contained a significant amount of discazded furniture and refuse and waste consisting of: drywall, shelves, chairs, a refrigerator, a spa cover, vacuums, boxes and other debris. The chain link fence was broken and bent at the northwest comer of the area, and one of the 4 gates leading into the area, from the public sidewalk alorig Colony St. was broken. The asphalt in this azea had crevices, holes, and cracks and was considered in several areas to be hazardous to persons walking there. Several of the light fixtures at the rear access doors were deteriorated and in need of repair (i.e. lacking protective covers, hazazdous wiring). There also appeared to be unpermitted, exterior improvements (possible plumbing connections) in Unit #3, but this would have to be confirmed by a building inspector. Prior to the inspection of June 16, 2003, a check of City of Anaheim Utility records for Unit #15, the previously unpermitted, off-site storage for a hair products vendor operating at the Orange County Swap Meet, had temunated service on May 11, 2004. The new customer in the unit was Iglesia Ministerio Impacto Nuevo. This church now occupies Units #13-15. The rear access door was open and I could see freshly painted walls. There were boxes of what appeared to be floor tiles just inside the entrance. I heazd workers hammering inside. I was unable to gain the workers' attention to inquire what type and extent of work was being performed inside. We are working with Fire and Building staff to ensure code compliance with all life and safety issues located within the building. If you have any additional questions, please feel free to contact me at extension 4472 M763LE.DOC T TFM TTn A ~~ -~ POLK AVE 000 9B-75 I- m w O N ~_ pNU fn •-~ W > m Q KUO ~ ~e w 0 iY RM-1200 c RCL 77-78-07 .~m RCL 76-77-09 _ _~'" CUP 1643 I w VAR 2960 I ~ VAR 2832 ! APTS. 1 198 DU L RM-1200 RCL 63.64-36 CUP 479 20 DU W 3 Conditional Use Permit No. 2004-04852 Requested By: CEDAR MOUNTAIN, LLC REQUEST TO PERMIT A PUBLIC DANCE HALL. 291& West Lincoln Avenue - E1 Calor Restaurant 1383 RM-1000 RCL 82-83-04 VAR 3306 APARTMENTS 31 DU LINCOLN AVENUE ~-- 315 ' -----~ 89 ° }®- CL ~ 12. W CL RCL 62-63-95 N ~. RCL SB-59-20 m m. ~O m~ I ~ RCL fit83-95 CUP 3198 CUP 3929 00 ; c~o' VAR m°- a~ ;K ~ V) CUP 2949 . 1561 x VAR'934 ory~~j o m ~.y LU VAR 1561 VAR B43 ~ w ~ o m F 8 M PLAZA z, B U P ~ < ~ SHOPPING CONV~ r CENTER MARKET NN 2 DU ^ r a, v ~m U EM BASS Y AVE v RM-1200 Z RCL fi3-64-36 ~ CUP 479 W 16 DU RS-7200 1 DU EACH F W W CL - ~ RCL 99-00-19 U) RCL 55-56.3fi 7 ~_ CUP 2002-04fi36 Q ~ UPZ2002 4452 T 2 ~ I1J cuPales BEL-AIR CENTER 0] RM-1200 RCL 69-70-02 VAR 2102 APARTMENTS 224 D U ' RM-1200 RCL 75-76- RCL 6384-: RCL 6182-i CUP 792 APTS. B DU Subject Property Date: June 28,2004 Scale: 1" = 200' Q.S. No. 13 Staff Report to the Planning Commission June 28; 2004 Item No. 6 6a. CEQA NEGATIVE DECLARATION 6b. CONDITIONAL USE PERMIT NO. 2004-04852 (Motion for continuance) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 0.7-acre. property has a frontage of 89 feet on the south side of - Lincoln Avenue, a maximum depth of 330 feet and is located 315 east of the centetline of Laxore Street (2916 West Lincoln Avenue - EI Caldr Restaurant). REQUEST: (2} The petitioner requests approval of a conditional use permit to permit a public dance'hall under autfiority of Code Section 18:44.050.285. $ACKGROUND: (3) This property is developed witha restaurant, zoned CH (Commercial, Heavy) and located within the West Anaheim Commercial Corridors Redevelopment Project Area 'The Land Use Element Map of the Anaheim General Plan designates this property for Residential- Corrido~ land uses. (4) The petitioner has submitted the attached letter dated. June 14,2004, requesting a continuance to the July 12, 2004; Planning Commission meeting to allow'additional time to readvertise this conditional use permit request to permit a nightclub under authority of Code Section 18.06.030.040.0402 of the updatetl zoning code. RECOMMENDATION: (5) That the Planning Commission, by motion,`continue this item to the July 12, 2004, meeting as requested by the: petitioner. i sr8740av .Page 1 ROBERT W. ERIGGS~ LEON G. ALE%ANDER, APC BRIAN C. OSTLER, SR. SuE ANN IBRANIM JOHN M. DEVINE A PROFESIONAL ASSOCIATION ~REfiRED ATTACHMENT - ITEM N0. LAW OFFICES OF ®~aiG~s ~ ~.L~x~t~o~ax ATTCIRN EYS AT LAW A PROFESSIDNAL CrD RPORATION SSB SOUTH HARBOR BOULEVARD SUITE 7 Q^ ANAHEIM, CALIFORNIA J2BOS June 14. 2004 :SENT VIA TELECOPIER: 714-765-5280 Ms. Amy Vazquez Assistant City Planner City of Anaheim Planning Department Anaheim City Hall 200 S. Anaheim Blvd. Anaheim, CA 92805 Deaz Amy: 6 ~~~,>,~A n lu a ~8j9~ v m Jf<E E~6 ~ PLANNt ENZ ~EppR1M I \v' : ...... TELEPHONE 520~925G FACSIMILE (714) 520-92d8 Pursuant to our telephone conversation last week in regard to El Calor located at 2916 W. Lincoln Avenue, Anaheim, CA 92801/CUP 2004-04852; this letter is a request for an extension of the June 28th, 2004 Anaheim Planning Commission hearing to July 12th, 2004. The purpose of the continuance is to allow for the Anaheim Planning Department to re-advertise the proposed CUP under the category of a nightclub. We appreciate the processing of this continuance and please thank the members of the Anaheim Planning Commission for their anticipated patience. Sincerely, LAW OFFICES OF BRIGGS & ALEXANDER A PROFESSIONAL LAW CORP. Mr. Leon Alexander Attorney at Law, P.C. LA/lg CC: El Calor